Employee Dismissal Essay Example | Topics and Well Written Essays - 2500 words

Employee Dismissal - Essay Example It the employer is still not satisfied with the employees' performance or conduct he then dismisses the employee or he could even opt for other sanctions. The employee is then allowed to make an appeal if at all he wishes against the disciplinary action that has been taken against him and the employer listens to all the appeals and further gives his final decision. (Honeyball 2006) According to the legislation the employees have a right to receive free, fair and just treatment from their employers. Thus when it comes to dismissing an employee the employer should handle the issue procedurally and in an acceptable manner. The employer needs to also have a valid reason for dismissing an employee. (Deakin and Morris, 2005) There comes a point in an organisation when it becomes really necessary to release an employee as a result of a disciplinary action or even because of an employee's redundancy. However whatever the reason that could be behind the dismissal of an employee there are general requirements as well as legislative procedures that should be followed so as to make the whole dismissal process free and fair. Similarly the decision making process in dismissing an employee should be very professional and there are some guidelines which are to be followed. (Honeyball 2006) If all the avenues have been explored and there is a v... Similarly the decision making process in dismissing an employee should be very professional and there are some guidelines which are to be followed. (Honeyball 2006) Steps employer must take in order to dismiss an employee fairly If all the avenues have been explored and there is a very serious damage that is being done on the businesses as well as the workplace threw may lack any other viable option than dismissing the employee. The reasons behind dismissing an employee should be fair and also legal and three of these reasons could be applied potentially. 1. The employee's capability. If an employees' capability is affected by either sickness or even accident and they are unable to carry out their delegated duties thus affecting the proper functioning of the organisation, then they can be dismissed by an employer. If an employee is dismissal could be termed as fair if it is based on their capability or even their qualifications to perform the expected duties in an organisation. 2. The employee's misconduct. If an employee misbehaves in the work place then this could be proper grounds for his dismissal after proper investigations have been conducted. Similarly if an employee's conduct is not in line with the organisations code of conduct then this could also be a fair ground for the employee to be dismissed. 3. Other substantial reasons. Other substantial reasons could be considered to be fair enough in the dismissal of an employee by an employer. If an employers reason for dismissing an employee is substantial and it can be validated then the dismissal could be termed as being just and also fair. 4. Retirement. If an employee is dismissed based on their retirement schedule then this is considered to be a fair dismissal since the employees retirement