Managers and employers have the right to dismiss an employee for different reasons. One of the common grounds for termination is serious misconduct.
Employment agreements often provide a list of behaviours that amount to serious misconduct. Theft, sexual harassment, and use of illegal drugs at work are usually included. These offenses vide enough justification for companies to terminate an employee without much deliberation.
If the case is not as straightforward, the employer should conduct a fair process before making a decision. There may be instances that the employee is misunderstood or the facts are inaccurate. When the dismissal is unfair, this is when the employee can step up and take part in resolving the issue.
Genuine Communication Between Two Parties
It is crucia for employees and employers to foster a healthy environment to maximise productivity. The most important tool in maintaining a harmonious relationship is open and genuine communication. When the employee receives a notice of termination, the best thing to do is talk to the employer and put everything on the table.
Pursue a Personal Grievance
Whether he is a regular or probationary employee, everyone has a claim for personal grievance against an employer if the dismissal is unjustifiable or carried out unfairly.
The NZ Employment Relations Act says, “Employees have the right to be told what the problem is and that dismissal or other disciplinary action is a possibility. Employees must then be given a genuine opportunity to tell their side of the story before the employer decides what to do.”
Seek Mediation Assistance
Mediation assistance is needed when both employer and employee do not agree on a resolution. If the employer insists on terminating the employee, but the reasons are not justifiable, the employee has the right to seek legal assistance, according to I.R.Thompson Associates Ltd.
It is helpful for employees to know their rights and the law that will back them up. The employee has the right to seek assistance to resolve the issue, and the employer should always provide this opportunity to the employee.
Unfair situations such as unjustifiable dismissals may occur in the workplace, which is why it is important for the employee to know how to deal with such situations. If communication does not solve the issue, the employee should know his rights and the labour laws that will protect their well-being.