What should I know if I have to fire someone for misconduct reasons?
To justify any dismissal for serious misconduct, you need to satisfy yourself that:
- the employee's misconduct actually happened
- the employee has had an opportunity to respond to the allegations
- you've acted consistently, treating all employees the same. For example, if you give one employee a warning for drinking on the job but then fire a different employee for a similar offense, the second employee would be able to claim that you unjustifiably dismissed them
- that the offense is serious enough to warrant dismissal
Need legal help?