Summary Dismissal Without A Disciplinary Hearing
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FAQ
I am writing to you about the termination of your employment with <insert company/partnership/sole trader name and the trading name of business>. I refer to our meeting on <insert date> which was attended by you and <insert name of others at the meeting>.
In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing. Generally, employees can be dismissed for one of three reasons, namely misconduct, incapacity and operational requirements. In your case, the dismissal is for alleged misconduct.
What Justifies Summary Dismissal? An employer can enforce summary dismissal if found guilty of gross misconduct after carrying out their investigation and holding a hearing. Without a transparent and fair hearing, the employee can sue for unfair dismissal.
I am writing to you about the termination of your employment with <insert company/partnership/sole trader name and the trading name of business>. I refer to our meeting on <insert date> which was attended by you and <insert name of others at the meeting>.
Issue a formal warning or put them on probation. Even if your formal disciplinary procedure finds the employee firmly in the wrong, you don't have to dismiss them. You could give them a final opportunity to improve their performance, by issuing a formal warning or placing them on probation.