Did your employer give you a fair hearing before dismissing you?

MISCONDUCT - Fair procedures?

  • If there is repeated misconduct, the employer must give you warnings.
  • A final warning for repeated misconduct or serious misconduct should in writing.
  • There must be a hearing where you:
    • are told in advance what the charges are against you
    • are given enough time - 1 or 2 working days - to prepare for the hearing
    • are present and allowed to give your case
    • are allowed to have a representative present
    • are allowed to see documents and cross-examine evidence
    • are allowed to cross-examine the employer's witnesses
    • are allowed to call witnesses
    • are given reasons for any decisions taken

INCAPACITY - Fair procedures?

Dismissal for poor performance wil ony be fair if the employer:

  • has given you proper training, instructions, guidance and advice
  • assessed your performance over a reasonable period of time
  • investigated the reasons for continued poor performance
  • investigated ways of solving the problem without resorting to dismissal
  • gave you a chance to be heard before deciding to dismiss
  • tried to find you alternative work if possible
  • gave you a chance to explain

In addition, if you were sick or disabled dismissal will only be fair if your employer:

  • investigated the degree and length of your injjury or illness
  • tried to adap the work so you could still perform your duties Go to Incapcitiy procedures to find out more.