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Fair Dismissal Process (Performance Issues)

Wednesday 1 August, 2018


A fair process for dismissing some for a performance issue is as follows:

Your employer should, in good faith, clearly set out the issues and concerns they have with your performance. They should not raise different or older issues. If they do, the process can be viewed as unfair and not in good faith. In order to improve you must know and understand performance expectations.

They should provide you with a performance improvement plan to direct you through the performance improvement process.

You should be given a genuine opportunity to improve their performance and to help them to improve.

While warnings are not a legal requirement, it is best practice for an employer to give them so you have the best understanding of performance issues.

If you are dismissed, and you were unsure about your employers concerns, and they did not help you correct those concerns, then your dismissal could be unfair. If that is the case, you should contact an employment advocate to find out what your best next step is.

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