Outline the correct procedures under the Unfair Dismissals Act when dismissing an employee.(20)
CORRECT PROCEDURE IN LAW FOR A DISMISSAL:
THIS QUESTION WAS ASKED ONCE BEFORE AND WAS UNEXPECTED
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.
Final written warning
,suspension without pay, transfer to another task, or section of the enterprise, demotion, some other appropriate disciplinary action short of dismissal and finally dismissal.
Employee’s Right of appeal
The employee has the right to a fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the employee and any other relevant or appropriate evidence, factors or circumstances.