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Employee dismissal and termination.

Views: 1185Posted 21-05-2018

(Last Updated On: October 2, 2018)

Approximately 127 claims of unfair dismissal are made against an employer every day, with employers losing 60% of the time. The animation above gives employers a brief overview of the complex legislation behind employee dismissals. It outlines valid reasons that employers can use to terminate their employees and the procedure to follow.

Termination of employment is often difficult for employers to manage correctly. Reasons for considering termination include Capacity, where the employee is incapable of completing the job. Performance, where the employee is not meeting the agreed standards of the role. Misconduct, where the employee engages in a prohibited activity. Redundancy, where a role is legitimately becoming obsolete.

Regardless of the reason, there are important steps to follow before termination is even considered. The only exception is behaviour so serious it warrants instant dismissal known as serious misconduct. If the issue is one of capacity, performance, or general misconduct an employer must give notice in writing and allow the employee time to respond.

If the situation cannot be resolved, an employer may be able to terminate employment but only in accordance with strict rules outlined in legislation including notice periods for termination and payment obligations. These must be followed carefully to avoid an unfair dismissal claim.

To understand more about this complex legislation and for peace of mind about your obligations contact Employsure today.

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