Can you dismiss an employee without a hearing?
You are correct. In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing. Generally, employees can be dismissed for one of three reasons, namely misconduct, incapacity and operational requirements. In your case, the dismissal is for alleged misconduct.
Is it legal for an employer to terminate an employee?
The decision to terminate an individual’s employment carries with it the risk of a possible legal challenge. Much of the risk involved is dependant on the employer’s policies and if the employee has an employment contract.
What do you need to know about termination of employment?
Having documentation of employee performance and of the reasons for the termination is important. All employers need to be cognizant of possible discrimination claims that can arise from employment termination. To prevail, the former employee would have to prove that they were terminated, at least in part, because of their protected status.
How to conduct a legal and ethical termination?
Consistency is key to conducting legal and ethical terminations. Which of the following is a smart way for companies to protect themselves against legal repercussions from an employee termination? Provide a two week warning before terminating an employee. Deliver the termination notice via written letter.
Can a public sector employee get a post termination hearing?
They should ensure that appropriate post-termination procedures are followed. Public sector employees may be entitled to a post-termination hearing. Private sector employees would also be entitled to a hearing if provided for in the company rules, the employee handbook, or in an employment agreement or contract. Be candid with the employee.
They should ensure that appropriate post-termination procedures are followed. Public sector employees may be entitled to a post-termination hearing. Private sector employees would also be entitled to a hearing if provided for in the company rules, the employee handbook, or in an employment agreement or contract. Be candid with the employee.
Having documentation of employee performance and of the reasons for the termination is important. All employers need to be cognizant of possible discrimination claims that can arise from employment termination. To prevail, the former employee would have to prove that they were terminated, at least in part, because of their protected status.
Consistency is key to conducting legal and ethical terminations. Which of the following is a smart way for companies to protect themselves against legal repercussions from an employee termination? Provide a two week warning before terminating an employee. Deliver the termination notice via written letter.
The decision to terminate an individual’s employment carries with it the risk of a possible legal challenge. Much of the risk involved is dependant on the employer’s policies and if the employee has an employment contract.