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Understanding The 5 Fair Reasons for Dismissal & Your Options

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There is never a good time to be dismissed from a job. Most people depend on the money they earn to cover their weekly and monthly bills. The loss of this earning can have a serious financial and emotional impact.

Of course, in the perfect world, you’ll have savings and plenty of indications that you’re about to be dismissed. This will help you to prepare for and handle the situation.  However, if you are dismissed it’s important that you evaluate the circumstances and speak to professional employment lawyers Melbourne. They can ensure that the reasons for dismissal are fair and that the due process has been properly followed.

To help you understand this, and your options, you should be aware of the 5 fair reasons for dismissal.

1. Capacity

If you don’t have the capabilities needed to complete the job properly you can be dismissed and it’s fair.

For an employer to do this they’ll need to define the qualities needed for a specific role. They’ll also have to give you the opportunity to improve. This will be done by way of a performance meeting that indicates where you’re failing and what you need to do better.  

2. Performance

Performance is similar to capacity. However, instead of not showing that you can do the job properly, you’ll be failing to complete it in a timely manner or within the guidelines given. Your employer may feel that you’re very capable of doing the job but unable to commit to the standards required by their workplace.

Again, you should have meetings to discuss the issue and the opportunity to improve your performance.

3. Misconduct

Misconduct is when you do something that you’re not allowed to. To understand what is acceptable you’ll need to check your employment contract. Breaking the conditions of your contract will create a misconduct scenario.

Of course, your employer will talk to you about this, offer a warning, and give you the opportunity to improve and behave within the company guidelines.
The general rule is three strikes and you’re out legally.

4. Gross Misconduct

Gross misconduct is when you’ve broken your contract but the event that has happened is serious. In other words, it is likely to have a negative effect on the company. This can be financially or affect the company's reputation.

If your employer thinks you’re guilty of gross misconduct you can be terminated immediately.

5. Redundancy

Finally, redundancy is a fair reason for dismissal. It will be essential for the company to confirm that your job role is no longer required. This can be because of downsizing or automation. It can even be a result of a merger and excess staff levels.

Redundancy must follow a set procedure where you’re notified your job is at risk. There is then a consultation period before redundancy can occur. You will get additional pay to help ease the burden of being made redundant. The longer you’ve worked for a business the greater the redundancy settlement.