Where an employee has committed serious misconduct instant dismissal without notice is permitted.

Serious Misconduct is defined as any conduct that includes willful or deliberate behaviour inconsistent with the continuation of the employment contract and causes imminent and serious risk to the health or safety of a person or the reputation, viability or profitability of the business.

The following situation are examples :

a fraud

b theft

c assault

d intoxication at the workplace

Swearing or verbal abuse usually on its own will not be sufficient to constitute serious misconduct. Employees might occasionally lose their tempers or use offensive language. To decide it there has been serious misconduct the Common law standard of "people, not angels" must be applied.

If an employee has been guilty of serious misconduct and the employer does not act immediately to dismiss the employee, the employer is in effect, confirming the employment contract and thus waiving the right to terminate the employment without notice for that misconduct.

Prior to instant dismissal proper investigation should be taken. Mere hearsay or suspicion is insufficient. As this issue is complex, legal advice should be obtained at all times. An employer should take extreme care as instant dismissal gives the employee the greatest opportunity to sue for unfair dismissal. For instance, failure to give the employee the opportunity to a fair hearing and respond to an allegation may make the dismissal unfair.

A termination letter accompanied by the employee's final pay and other statutory entitlements should be given to the employee.