This week Ivan provides examples from decided cases of what would not be sufficient to justify dismissal, or make the continued employment relationship intolerable. This is compared with how the Labour Appeal Court has approached allegations of racism, or racist language as: “an anathema to sound industrial relations and a severe and degrading attack on the dignity of the employees in question”.
Employers may be relieved when an employee confesses to some misdemeanour, and assume that a dismissal will then automatically be justified. This week Ivan Isrealstam explains why this is not so. There are a number of reasons why an employer cannot simply go ahead and dismiss the employee.
At some time or other, most employers are faced with the decision on whether dishonesty by an employee warrants dismissal. This week Ivan Israelstam explains what the Code of Good Practice Dismissal requires employers to take into account. Ivan also explains the importance of mitigating factors that need to be taken into account before an employer makes the decision to dismiss.