Section 56Part 8 — DISMISSALS
Termination for cause
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An employer may terminate forthwith the employment of an employee where the employee has been guilty of misconduct in relation to his employment of such a serious nature that the employment relationship cannot reasonably be expected to continue, and such conduct includes, but is not limited to, the employee
committing a criminal offence in the course of employment without the consent, express or implied, of the employer;
behaving immorally in the course of his duties; or
taking, or being under the influence of, alcohol or an illegal drug during the hours of his employment.
Where an employee is guilty of misconduct or substandard performance that is not sufficiently serious to justify his employer terminating him under subsection (1) but is such that the employer cannot reasonably be expected to tolerate a repetition, the employer shall give the employee a warning in Form 9 of the Schedule, and one warning is sufficient for misconduct, whereas two warnings are required for substandard performance.
Warning for substandard performance shall be accompanied by remedial instruction and training.
Where an employer has given the employee one warning for misconduct and two warnings for substandard performance as set out in Form 9, he may summarily dismiss the employee and, if he does so, it shall be presumed that the dismissal is fair unless the employee proves otherwise.
Nothing in subsection (4) shall be construed as preventing an employer from dismissing an employee summarily where the employee is guilty of serious misconduct.
Where the employee has been given a warning for misconduct or warnings for substandard performance as set out in Form 9 and the employer does not summarily dismiss the employee following such warnings, and if the employee, within twelve months following the receipt of the final warning, is guilty of any misconduct or substandard performance of any kind in relation to his work, the employer may, without further notice, terminate the employment immediately or take such other action as may have been specified in the written warning.
Misconduct includes but is not limited to absenteeism.
For the avoidance of doubt, an employee fairly dismissed for cause is not entitled to severance pay or to compensation for any other accrued benefits.
Defined Terms
misconductsubstandard performanceserious misconductsummary dismissalabsenteeism
Referenced By
- Section 58 — Initiation of proceedings
section 56