Terminating employees for performance based issues can
be difficult for employers to navigate at the best of times. An
employer's right to terminate because of poor performance has
not been helped by a number of myths that have taken hold in this
area ...
Take for example the "3 strikes and you're out"
rule which many employers follow believing it will protect them
from unfair dismissal claims. That is simply wrong, and slavish
adherence to these "rules" often leads the employer to
overstep the mark between a reasonable dismissal and a dismissal
that is harsh and unjust, and leaves the employer exposed.
In reality, there is no one "rule" to follow when
dismissing employees, particularly where the dismissal is
performance based. The process need only be fair and reasonable in
the circumstances of each particular case.
