How would you like to dismiss someone in only half an hour?
Don't dismiss an employee for one of these 8 reasons, it's automatically unfair!
It's an automatically unfair dismissal if you fire an employee for any one of these reasons, so don't do it:
Don't dismiss an employee for not accepting new terms and conditions of employment
You mustn't dismiss an employee for belonging to a union or workplace forum
Don't victimise an employee for actions he's legally obliged to do
You can't dismiss employees who are on strike
Don't dismiss employees who refuse to do the work of striking workers
Never dismiss an employee due to pregnancy
You can't dismiss employees if you transfer your business as a going concern
Don't dismiss someone for being a whistleblower
Everything you need to know about substantively and procedurally fair disciplinary hearings
So… Your employee's guilty of misconduct. Let's say he took a company laptop home, without asking permission. It's a simple open and closed case of theft, isn't it?
Not so fast! You can't just say 'that's it, you're out of here' and think that's the end of that. No, you still have to hold a disciplinary hearing. You still have to give him a chance to defend his case, and explain why he did that.
You also have to prove that he did this. You have to spell it out for him and notify him you're going to discipline him. And you have to give him time to prepare his case.
And then there's even more to it… You have to have a disciplinary hearing so you can prove your case, and give him a chance to defend his… And this is where most employers fail.
But not you! Because today I have the one tool
So what will you have to pay if a dismissal is automatically unfair?
If you dismiss
an employee and the reason is automatically unfair, you may have to:
Reinstate him to his position within your company; and
Pay compensation of a maximum of 24 months' remuneration based on his rate of remuneration at the time of dismissal. This means you need to have a final counselling session that will be a fair hearing. You can't just dismiss him.
But none of this means you can't dismiss
an employee because of his conduct, capacity or your operational requirements. You must just follow fair procedure and make sure you dismiss
him for the right reasons!