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 benefit. The requirements needed for a summary dismissal are drastic. Before issuing this kind of dismissal, please contact us to list the risks and to ensure this kind of dismissal will be successful.
There are three requirements for a summary dismissal.
1. There must be a substantial reason for dismissal. Generally speaking serious offenses such as theft must be the cause of dismissal.
2. The reason for a summary dismissal needs to be communicated (in writing). It is deemed advisable to have an employment law specialist prepare or screen the notice.
3. 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 immediately as soon as you know the reason for dismissal due to urgent cause.
Usually the employee will quash the dismissal and claim wages. The wage procedure may take one year. Only after a one year period, you know whether the summary dismissal is approved successfully.
It is therefore important that as soon as possible after the quashing of the dismissal, a conditional dissolution procedure is started in order to terminate the contract if after the one year period it is evident that the summary dismissal is not legally valid.