No Harsh or Inhumane Treatment

How to comply 4 - Termination of employment and dismissal - applies to all workers

Notice period

  • You need to know what the notice period is for your workers.

  • Know what kind of offences would constitute various levels of misconduct and the action taken as a result of this.

  • Communicate the notice period to workers - this is most commonly done in the workers terms and conditions.

Dismissal

  • Investigate all reports of misconduct.

  • Document each stage of the proceedings.

  • Inform worker they have the right to have a union or co-worker with them during the hearings.

  • Provide written notification of any outcome.

  • If you have to dismiss a worker, ensure you have proof of the offence.

Management attitude

  • In order to avoid being prosecuted for unfair dismissal, or for discrimination in dismissing someone, you should ensure that you treat people fairly and dispassionately at all times, and do not act in a way that could be perceived as being discriminatory or unfair. This needs to be reflected by your management team.

  • Please visit the section 'No Discrimination is Practiced' for more information.

Demonstrating fair dismissal

You will need to be able to provide documentary evidence that you have followed the correct procedures and have sufficient proof of misconduct to warrant dismissal. Criteria are described in 'What you must do - law'

Now take the next step through: No Harsh or Inhumane Treatment.

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