As HR practitioners one of the toughest jobs is terminating the employment of a fellow staff member.. So when can a termination be justified and is lawful?
Lawful dismissal of a worker generally depends on the employment laws of the specific country or region. However, common grounds for lawful dismissal often include:
1. **Misconduct**:
This can include theft, fraud, violence, harassment, or other serious breaches of company policy or law.
2. **Incompetence or Poor Performance**: Consistently failing to meet job performance standards, despite warnings and opportunities to improve.
3. **Redundancy**:
When a job role is no longer necessary due to changes in the company, such as restructuring, downsizing, or technological advancements.
4. **Legal Requirements**:
If continued employment would contravene legal requirements, such as lack of necessary qualifications or licenses.
5. **Health and Safety Risks**:
If a worker's continued employment poses a health and safety risk to themselves or others.
6. **Incapacity**:
Inability to perform job duties due to illness or disability, particularly if reasonable adjustments cannot be made to accommodate the employee.
7. **Illegality**:
If employing the worker would be illegal, such as in cases where the worker does not have the right to work in the country.
It's important for employers to follow fair procedures, which typically include providing warnings, conducting investigations, and allowing the employee a chance to respond to allegations before dismissal. Laws can vary significantly, so it's crucial for both employers and employees to be aware of the specific regulations that apply in their jurisdiction.
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