When should employees read their copy of the employee handbook?

Though not required by law, employers should make every effort to receive signed handbook acknowledgments from all employees when first hired and at any time the handbook is updated.

What kind of dismissal do you get from an employer?

This type of dismissal is as straightforward as it gets. A direct dismissal is where an employer decides to end the employment relationship, and dismisses the employee. Usually, an employee is dismissed through a formal letter of termination.

Can a company dismiss an employee without due notice?

The employer can only dismiss the employee if they have: allowed the employee a chance to improve their performance. An employer can dismiss an employee without due notice after an inquiry on the grounds of misconduct.

Can a dismissal for gross misconduct be used for re-employment?

In this case the dismissal happened six years ago, therefore it is unlikely that the employee will be able to use the offer of re-employment as evidence that the dismissal for gross misconduct should not have occurred. It is difficult to judge without knowing the grounds of the dismissal or the nature of the breach.

Is there a time limit for re-employment after dismissal?

If an employee really had committed a fundamental breach of contract entitling you to instantly dismiss for gross misconduct, would you really want to re-employ them? The normal time limit for bringing an unfair dismissal claim is three months from the effective date of termination.

What do you need to know about employee dismissal?

Regardless of which area the reason for the dismissal may fall under, you need to follow fair and transparent procedures for dismissal. This means that you must adhere to the processes outlined and described in the employee handbook or employment contract.

What are the valid reasons for unfair dismissal?

Valid reasons for termination are required for an employee who has access to unfair dismissal, for example if they have been employed beyond the minimum employment period, which is either six or 12 months, depending on the size of the business. Valid reasons are varied and come under four key areas:

Can a employer dismiss an employee for just cause?

Collective bargaining agreements generally have provisions allowing for dismissal only for just cause and also allowing for employee grievance procedures in the case that the employee and the employer disagree over a dismissal. What is an “at will employee”? (1) at will employees and (2) just cause employees.

Can a person be dismissed for no reason?

If you do no have an employment contract that specifies the exact amount of time that you are to be employed and the conditions under which you can be dismissed, you are considered an “at will employee” and the above applies to you.