What are the 5 potentially fair reasons for dismissal?

• Conduct. In this case, an employee is being dismissed due to a reason related to their conduct. ...
• Capability or performance. ...
• Redundancy. ...
• Statutory illegality or breach of a statutory restriction. ...
• Some other substantial reason.

• Poor Work Performance. ...
• Misconduct. ...
• Chronic Lateness/ Absence. ...
• Company Policy Violations. ...
• Drug or Alcohol Use at Work. ...
• Personal Use of Company Property. ...
• Theft or Property Damage. ...
• Falsifying Company Records.

• Misconduct. Conduct in the workplace is one of the most common reasons for firing a member of staff. ...
• Capability or qualifications. ...
• Redundancy. ...
• Continued employment would be against the law. ...
• Retirement. ...
• Some other substantial reason.

What are the four major grounds for dismissal?

The “causes” that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.

On what grounds can you terminate an employee?

India's labor laws cite the following reasons that justify termination for cause—willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer's goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; ...

What are the top 10 reasons people get fired?

Is lying to your boss grounds for dismissal?

A: Lying may be grounds for dismissal depending on what the dishonesty was about and what effect it had on the organization.

What are grounds for unfair dismissal?

In its simplest form, unfair dismissal is when your employment contract is terminated and your employer did not have fair reason to do so. It can also be claimed if your employer did have fair reason but handled your dismissal using the wrong procedure. You are protected by law against both these eventualities.

What is fairness in dismissal?

A dismissal must be fair. In order for a dismissal to be fair, it must be proved that the dismissal is both substantively and procedurally fair. These “two legs of fairness” can be summarised as follows: 1.1 Substantive Fairness. The employer is required to prove substantive fairness at a disciplinary inquiry.

What are the automatically unfair reasons for dismissal?

What is considered gross misconduct?

Defining Gross Misconduct

Fighting or making violent threats in the workplace. Stealing or vandalizing company property. Falsifying personal information or work history. Repeated tardiness or absences. Chronic insubordination.

Can you be fired for unethical behavior?

While firing an employee is usually not an easy decision, there are various instances that justify it. You can fire employees due to poor performance, misleading or unethical behavior or statements, property damage, or violations of company policy.

What is dishonesty in the workplace?

Dishonesty in the workplace can take many different forms including: Stealing of the employer's money out of the till, petty cash box or safe. Taking of business merchandise. Unauthorised and undisclosed use of employer's equipment. False claims of illness as reason for absence from work.

What are fireable offenses?

1 Poor Work Performance. 2 Falsifying Business Records. 3 Insubordination. 4 Taking Too Much Time Off. 5 Unethical Conduct.

What is a fireable mistake?

Missing Key Details Or Misunderstanding Tasks. Missing key details or misunderstanding the task you are being asked to do can lead to lost opportunities, lost time and even big hits to revenue. Depending on the stakes, it can be a fireable mistake.

What is unfair termination of employment?

Unfair dismissal is where an employer terminates an employee's contract without a fair reason to do so. Unfair dismissal can be claimed by the employee if the employer had a fair reason but handled the dismissal using a wrong procedure.

What is fair termination of employment?

Either of the parties to the contract of employment may terminate such a contact provided she/he observes all duly stated reasons that justify termination and prescribed procedures. Termination may be regarded as fair (when it is done as per the law) or unfair when is done without following what the law calls for.

What are the 3 forms of dismissal?

What are the three types of dismissals?

There are three main types of workplace dismissals: unfair, constructive, and wrongful.

How do you fairly dismiss an employee?

Can I be dismissed without warning?

An employer can dismiss an employee without giving notice if it's because of gross misconduct (when an employee has done something that's very serious or has very serious effects). The employer must have followed a fair procedure.

What are examples of serious misconduct?

Some examples of serious misconduct are theft; fraud; assault; discriminatory conduct; harassment; being intoxicated at work; refusing to carry out lawful and reasonable instruction that is consistent with the employee's contract of employment; failure to observe safety and specified work practices to just name a few.

What is difference between misconduct and gross misconduct?

What's the difference between misconduct and gross misconduct? Gross misconduct is serious enough to dismiss on the first offence, whereas misconduct is likely to involve giving the employee a second chance.