Just Dismissal Matters

Dismissal is a serious matter for both the employer and the employee. In certain cases, an employee may claim that their dismissal was unjustifiable if they can demonstrate that the employer did not have a good reason for dismissing them and that the process was unfair.

When it comes to determining whether a process is fair, it is important to note that employers do not have to have the process perfect. Minor errors may not make the whole process unfair. The fairness of a process depends on the circumstances and any relevant provisions in the employment agreement and workplace policies or processes must be followed. In the absence of clear guidance, the test will be what a fair and reasonable employer would have done in the circumstances. For example, if an employment agreement does not have a notice period, then reasonable notice must be given.

Examples of processes that may end with a good reason for dismissal include disciplinary processes, managing employee performance issues, workplace change processes, and cases of bullying, harassment, and discrimination.

Employees who are dismissed have the right to ask the employer for a written statement of the reasons for dismissal. This request can be made up to 60 days after they find out about the dismissal. The employer must provide the written statement within 14 days of such a request. If the employer fails to provide this written statement, the employee may be able to raise a grievance after the end of the 90-day notice period in special circumstances.

In conclusion, dismissal is a serious matter that must be handled with care and in accordance with the laws and regulations in place. Employers must have a good reason for dismissing an employee and follow a fair process. Employees, on the other hand, have the right to request a written statement of the reasons for dismissal and raise grievances if they believe the dismissal was unjustifiable.