Summary dismissal occurs when the employee is guilty of serious and wilful misconduct, such as:
-
fighting at the workplace;
-
stealing from the employer;
-
wilfully damaging the employer’s property; or
-
serious breaches of policies on such things as Occupational Health & Safety or Harassment and Discrimination.
The action required is as follows:
-
When the employer becomes aware of the employee’s actions, the employee should be stood down with or without pay, in order for an investigation to take place;
-
The employer should advise the employee that the employee is required to attend a meeting to discuss the issues that the employer has with the employee; and
-
The employer should give the employee notice of the meeting and what will be discussed.
At the meeting, the employee is entitled to have a representative present, which may include a union representative or an employment lawyer. The employer should clearly outline his/her concerns, and the employee should respond to those concerns.
At the end of the meeting, the employee should be advised that the employer will let him/her know of the decision following consideration.
The employer must take all the issues into account, and then advise the employee of the outcome.
If summary dismissal is decided upon, the person’s employment will be terminated without notice.
The only monies the employee receives following summary dismissal are for statutory entitlements. If the employee has worked for longer than 5 years but less than 10, they are not entitled to receive any pro-rata long-service leave. If the employee has worked for longer than 10 years they receive their pro-rata long-service leave.
At the end of the meeting, the employee should be advised that the employer will let him/her know of the decision following consideration.
The employer must take all the issues into account, and then advise the employee of the outcome.
If summary dismissal is decided upon, the person’s employment will be terminated without notice.
The only monies the employee receives following summary dismissal are for statutory entitlements. If the employee has worked for longer than 5 years but less than 10, they are not entitled to receive any pro-rata long-service leave. If the employee has worked for longer than 10 years they receive their pro-rata long-service leave.
