Can you be sacked for gross misconduct without evidence?
In fact even without such evidence, the mere fact that your employer is proceeding down a gross misconduct route (rather than a less serious one, such as an informal discussion) all point to a likely dismissal. The question of whether or not you should resign before a gross misconduct hearing is one we are often asked.
Can you be sacked without evidence?
If, following a proper disciplinary procedure, you are found to be guilty of an act of gross misconduct, your employer will be entitled to dismiss you without any notice or payment in lieu of notice. Proven accusations of less serious misconduct might result in some type of formal warning.
Does gross misconduct have to be proven?
Typically, ordinary misconduct requires a warning or a formal reprimand from your employer before he can terminate you. The burden of proof for gross misconduct claims rests on the employer to offer evidence supporting the allegations.
Is misconduct a sackable offence?
In most cases summary dismissal will be justified by a single incident of gross misconduct. However, there are instances where the cumulative effect of a series of acts showing a pattern of serious misconduct may also warrant dismissal without notice or pay in lieu.
What happens if your employer accuses you of misconduct?
Certain types of misconduct are classed as ‘gross misconduct’. If, following a proper disciplinary procedure, you are found to be guilty of an act of gross misconduct, your employer will be entitled to dismiss you without any notice or payment in lieu of notice.
What is the procedure for dismissal for misconduct?
· Procedurally fair – the dismissal must be effected in a procedurally fair manner. This means that an employer may not just give notice in accordance with the contract of employment or in terms of governing legislation. An employer must also ensure that dismissals for misconduct are for a valid reason after a fair procedure has been followed.
What is the disciplinary procedure for persistent misconduct?
· final warnings for persistent misconduct. Dismissal should be considered as a last resort. The procedure provides that before an employer issues a warning (written warning or final written warning) to an employee, the employer must meet with the employee concerned (see paragraphs 5.2 and 6.2).
When does misconduct warrant disciplinary action against you?
The acts, as alleged above to have been committed by you, amount to misconduct which, if proved, would warrant serious disciplinary action against you.