No Harsh or Inhumane Treatment

What you must do - 3

Termination of employment and dismissal

  • Periods of termination notice depend on the length of service of the worker or employee:

    • 1 week after 1 month’s service.

    • A week for every year of service from 2 years service.

    • Maximum of 12 weeks after 12 years service.

Gross misconduct can result in immediate dismissal. Gross misconduct may include stealing or breaking works rules. In such cases the employer must still conduct an investigation into the matter to reasonably determine the guilt of the worker involved.

  • You must provide a written reason for dismissal regardless of whether this reason is gross misconduct or otherwise.

  • There is now a statutory dismissal process that must be followed in order for a worker to be fairly dismissed. If the procedures are not followed the dismissal will be deemed unfair and a worker can take you to tribunal. This will only be applicable if the worker or employee has been working for you for 1 year from the date of commencement of employment.

  • Workers can only be dismissed for ‘fair’ reasons, which shall be one of the following:

    • Capability or qualification to be in the role.

    • Conduct within the role.

    • Redundancy.

    • Complying with legal standards; you can fairly dismiss an employee in order to ensure that you are complying with legal standards i.e. by continuing to employ someone you would be breaking the law.

    • Some other substantial reason.

  • It will be deemed unfair dismissal if the worker or employee is dismissed for exercising or seeking to exercise any of their rights as a worker or employee. This includes those rights set out in this workbook, as well as other rights that are not contained within it. Please see the further information links at the bottom of this section to access a full list of circumstances where dismissal will be deemed unfair.

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