Procedural fairness and your employer obligations

Let’s talk about procedural fairness. Do you understand your employer obligations when terminating an employee? We recently answered this question.

“Over time, I have given my employee several warnings (both written an verbal). Can I dismiss them without giving them a right of reply?”



No, you shouldn’t.

Firstly, employees are entitled to an opportunity to respond before their employment is terminated.

Secondly,  you should always discuss the final reason (most recent conduct/behaviour) with them about their dismissal. Ensure you put the reason in writing and provide them with an opportunity to respond. If you are contemplating raising prior issues in the termination letter, don’t. It is too late for this.

The truth is, procedural fairness can be tricky. If you are unsure about your employer obligations speak with a HR professional.


Do you need some human resource help? Contact our team today.