a. Harsh, Unjust or Unreasonable; or
b. For an Invalid Reason
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Was there a valid reason for the dismissal?; and
Were fair procedures followed?; and
Was proper notice or compensation in lieu of notice given?
For a dismissal not to be found harsh, unjust or unreasonable, the answer to all of the above must be "yes". To dismiss an employee just because there is a valid reason is not enough. The employer must also follow fair procedures and give proper notice. However where employees are dismissed for serious misconduct and it is unreasonable to require the employee to continue the employment during the statutory notice periodthen notice nor compensation is necessary.
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a. Employee's conduct,capacity or performance (ie. non serious
misconduct, incompetency, ill health, incompatibility etc.) or
b. Operational requirements or redundancy
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a. A written warning given to the employee of unsatisfactory performance or conduct with warning of dismissal and instructions for improvements
b. Giving the employee the opportunity to respond to the allegations about the employee's conduct or performance.
Most Jurisdiction's provide for the minimum period of notice to be:
a. If the employee's continuous service is-
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i. Not more than I year-1 week; and
ii. More than 1 year, but not more than 3 years-2 weeks ;and
iii. More than 3 years, but not more than 5 years-3 weeks ;and
iv. More than 5 years-4 weeks; and
b. Increased by 1 week if the employee-
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i. Is 45 years old or over ;and
ii. Has completed at least 2 years of continuous service with the
employer
Warning : The employer should verify with the proper authorities or
seek legal advice to ensure the applicable notice is given to the
employee.
The following are some of the examples:
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a. Temporary absence because of illness or injury
b. Seeking office or acting as an employees' representative
c. Membership of a union or an employee organisation
d. Non-membership of an employee organisation
e. Filing a complaint or taking part in proceedings against an employer
involving alleged violation of laws
f. Pregnancy or parental leave
g. Discrimination( including sexual, racial or religious)
Where an employee is dismissed based on an invalid reason then the employee is entitled to claim compensation or reinstatement.
