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Explain in writing in advance the purpose of the meeting and the possible outcome, reiterate the performance issues and remind your employee that they have a right to bring someone to the meeting with them. Ideally, the decision to dismiss an employee will be given face to face with reasons identified and explained.
Have a fair reason for the dismissal. act reasonably in treating that as a reason for dismissal in each case. follow a fair (formal) procedure in carrying out that dismissal.
It must be noted that any dismissal of an Employee, whether it be for misconduct or poor work performance must be carried out via a fair and proper procedure (the enquiry) and for a fair substantive reason, being that the Employee is incapable of meeting the required standards of performance in the workplace.
Termination resulting from poor performance is sometimes considered "without" cause, although the cause is the lack of production or poor performance. To fire someone for this reason, it is generally best to document the performance compared to goals.
We now know that an employer is allowed to fire an employee based solely on poor job performance. However, knowing both why you can fire an individual and how to fire them properly can minimize your exposure to an EEOC complaint or other retaliation.
The letter should include the date of the termination and information about how the employee will receive his or her final paycheck. Include any other information that is relevant to your company and the specific employee.
Fair reasons for dismissal (2) This Act recognises three grounds on which a termination of employment might be legitimate. These are: the conduct of the employee, the capacity of the employee, and the operational requirements of the employer's business.