A: Part 1
A summary dismissal is legal, but ONLY when an employee is fired with immediate effect for gross misconduct. Gross misconduct is behaviour that makes it immediately and definitively impossible to maintain an employment relationship. Examples of this are:
- • Criminal damage to work property
• Being under the influence of drugs or alcohol during work hours
• Theft or fraud
• Discrimination or harassment of others in the workplace
• Breach of company policy (improper use of internet, phone, etc.)
• Falsifying experience and qualifications or general incompetence
• Leaking confidential information
A summary dismissal still requires proper procedure, i.e., the employee must receive a letter notifying him/her of the dismissal, which must explicitly detail the misconduct of which the employee is being accused. If this is not the case, the dismissal is unfair.
N.B. The employer does not need proof of the misconduct; suspicion is enough.