A member asked
over 9 years ago
Can I fire an employee on the spot?
Are there any grounds where it is legal to fire someone on the spot? One of employees was violent with another one and I fired him when I caught him and told him to leave. Now I am concerned this was not legal.
Principal at Moores
It is legal to fire someone on the spot for serious misconduct. You do not need to provide someone with notice of termination of employment where, for example, they have been violent at work. However, you do need to ensure that you have afforded your employees procedural fairness to be able to defend an unfair dismissal claim should they dispute their dismissal.This may involvemaking preliminary enquiries before terminating the employment and speaking with the employee to listen to their response beforeimplementing a termination of employment.
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