No matter if you are an employer or an employee, it can come to the situation when you need to face job dismissal – whether you are the one who is dismissed, or the one who needs to dismiss an employee. It is therefore important to know which reasons are considered to be fair for job dismissal, as well as which are your duties and rights both as an employer and as an employee.
First of all, the terms of the employment need to be precisely given in the employment contract, so that the employees are familiar with their required behavior and with what are their duties and rights. Some of the reasons for job dismissal do not need to be specifically stated in the contract, because they are implied – if the employee is continually late or missing work, if he or she has poor discipline, has committed a theft or is found abusing drugs or alcohol in the workplace – the employer has the right to permanently dismiss the employee from work.
Some of the sensitive issues may be the ability of the employee to do his job, illness of the employee, redundancy and statutory restriction. When it comes to the ability, the employee needs to keep up with all the technological changes related to the job and to keep up with the co-workers.
If the employee is unable to do so, the employer needs to provide a suitable training first, and if the employee does not improve the performance, the employer is allowed to sack him. If you get into a situation like this you can find out more right here.
All the employees are allowed to ask for a sick leave, but it always comes with a range of conditions and requirements. Generally, an employee cannot be sacked because of illness, but there are cases when even this is justified. Redundancy is job dismissal when the employer needs to reduce workforce, and it is justified under several conditions.
When making employees redundant, the employer needs to make sure they are treated fairly. Lastly, statutory restrictions can also affect job dismissal, which means that the employer can dismiss an employee if he breaks the law, even if he did not make a particular damage to the company.