It is extraordinary how many employers continue to have to pay awards due to procedural errors when dismissing an employee for misconduct. The principles of fair procedures and natural justice are broad concepts which have been refined by case law but which vary from situation to situation.
In claims for unfair dismissal involving misconduct, the Employment Appeals Tribunal expects employers to be meticulous in adhering to these concepts. This may be a tall order for employers, particularly where the employee’s conduct has damaged the relationship of trust and confidence between the employer and employee.
It takes a lot more than a Post-it note to effect a legal dismissal.