Many employers may need to make the decision to terminate a person’s employment at some time.

Depending on the circumstances, this might be a case of repeated warnings for misbehaviour, major misconduct, or a more sophisticated case of redundancy or performance concerns.

Employers can only dismiss an employee if they have a valid cause and follow the proper procedure. It is critical that sound reasons and a fair procedure are documented. This approach may fluctuate depending on business policies and specific agreements, but the regulations must still be in accordance with the Employment Relations Act of 2000.

What Is Expected From Employers?

Employees who have been dismissed have the right to get a written explanation from their employer. This statement should explain why the person was fired. If a written statement is requested, the employer must supply one within 20 days of receiving the s.120 request. The beauty of this, statement is that if the employer and employee end up in court the statement can be relied on as evidence. Employers are not obligated to provide workers who were fired during a trial period with a written reason.

Any employee may raise a personal grievance with their employer if they believe they have been unfairly dismissed. A person on a 90 day trial does not have this luxury unless they believe they have been sexually harassed, been pressured regarding union membership, or discriminated against in some way,

Contact our legal team if you are considering dismissing an employee. We can help support and guide you through your obligations throughout the process as you can easily end up in court defending personal grievances that could have been avoided if you mess it up.

Get in touch with Resolve Legal if you believe you have been unfairly dismissed

Contact our legal team as soon as you have been dismissed from your workplace. We will support you in the process of raising a personal grievance.