Employers must follow fair and transparent disciplinary processes before making any serious decisions, such as terminating employment. Dismissal should be the last resort, and employers must ensure that all necessary warnings and procedures have been followed before taking action. Employees must be given clear communication of their misconduct and an opportunity to correct their behaviour. The absence of such procedures or failing to notify the employee often leads to rulings of unfair dismissal.
An employer cannot terminate an employee without prior disciplinary action, even though the employee had violated company policy. A lack of a formal disciplinary process especially when there are no established or known procedures, would be tantamount to an unjust dismissal. Employees are to be provided an opportunity to explain or defend their actions, under clear and comprehensive procedures. Disciplinary procedures must be properly communicated to employees to ensure fairness. Lack of communication or failure to follow a transparent process can lead to unfavorable outcomes for employers.
Dalli Advocates can provide assistance in industrial relations and disputes.