A summary dismissal is a drastic way of dismissing an employee. When given a summary dismissal your employee is not only immediately deprived of pay, but also loses the right to unemployment benefits. The requirements needed for a summary dismissal are strict. Before issuing this kind of dismissal, please contact us to list the risks and to ensure this way of dismissal will hold up in court.
Requirements summary dismissal
There are three requirements for a summary dismissal.
- There must be a urgent cause for dismissal. Generally speaking serious offenses such as theft must be the cause of dismissal.
- The reason for a summary dismissal needs to be communicated clearly (in writing). It is deemed advisable to have an employment law specialist prepare or screen the dismissal letter.
- The dismissal has to be given immediately: once you know the urgent cause you need to give the summary dismissal. It is therefore wise to contact us as soon as you know the reason for dismissal due to urgent cause.