Fair or unfair?
An employee of mine has broken a serious "rule" that may result in them being fired. I need some advice.
Could everyone who reads this - please - provide an answer to this one question.
Where is the boundary between fair and unfair dismissal?
Thanks.....
Labels:
advice
4 comments:
The 'crux' of a genuine harsh or unfair dismissal hinges upon two prongs:
1. Procedural fairness - ie - disciplinary / counselling sessions have been held, appropriate written warnings with sufficient time between warnings to address the issue, right to respond, opportunity to have witness present (if wanted) etc, in general, that a process has been followed leading up to the termination.
AND
2. Genuine reason for termination - ie - being late once for work does not consitute a genuine reason, but habitual lateness without reasonable excuse could be a genuine reason. Get the drift?
SO
With that said, both boxes need to be ticked in order for a termination not to be deemed harsh, unjust or unfair. No hard and fast rules apply, and the above is not written in textbooks, moreover, it is a 'test' that is applies in IR.
Hope this helps? Provide further facts and I'm happy to help out.
Unlawful termination is another thing altogether, so maybe the termination could be deemed unlawful.
wow. she said it all.
eep, does not sound fun... hope it all works out for you!
aj - thanks!
On 1. I'm missing some of this. Found that most others would have done the same thing in the same situation.
On 2. Yes there is.
Overall. Warning and re-training
ciscobaby - yes she did (I knew I could count on her!)
acftd - so far, yes thanks!
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