CORRECT PROCEDURE IN LAW FOR A DISMISSAL:
THIS QUESTION WAS ASKED ONCE BEFORE AND WAS POORLY ANSWERED
All dismissals are presumed to be unfair unless the employer can prove otherwise. The burden of proof lies with the employer. The employer must show that there were substantial grounds for justifying the dismissal, e.g. misconduct such as theft or assault caught on CCTV.
Counselling (i.e. advice on how to improve) is given by supervisor and recorded on the employee’s personal record. The employer outlines what employee needs to do to rectify the situation. The employee is made aware of the consequences.
Formal verbal warning:
The employer has to inform the employee of the reasons for the possible dismissal. The evidence for the dismissal must be made known to the employee. This is given in the presence of the employee’s representative. The employee is given the opportunity to respond fully to any such allegations or complaints. The warning is recorded on the employee’s personal record.
First Written warning:
If there is no change to the situation, a formal written warning follows the oral warning. A copy will be given to the employee’s representative.
THE QUESTION DOES NOT ASK FOR THE FAIR GROUNDS FOR DISMISSAL WHICH APPEARED IN 2018