Employment Law - Discipline/Dismissal

All employers have an obligation to have in place a disciplinary procedure setting out the steps to be followed by the employer in dealing with issues of concern such as conduct and performance. The procedure must be fair and allow not only for the employer to bring issues of concern to the attention of the employee, but for the employee to defend him or herself before any decision is made as to disciplinary action. Dismissal should only take place after at least one previous warning (preferably written) and after the employee has had an opportunity to improve. In terminating the employment, the employee must be given the correct minimum notice. Failure to follow fair procedures, and to have good grounds for dismissal, may lead to a finding of unfair dismissal against the employer notwithstanding the giving of notice.