[BenderLives]

if a company wanted to fire a local employee due to incompetence (amongst countless other reasons).....what is the employee entitled to?

for example...if i were a local, and with a company for 8 years, and got fired for being an incompetent worker....what do i get?

[KnowItAll]

Labour Department's Cyber Resource Centre for Business

Good place to start...

and ...

Labour Department - Publications

[BenderLives]

so...its tricky wording...or at least it is to me...but it says:

An employer may summarily dismiss an employee without notice or payment in lieu of notice if the employee, in relation to his employment:

* willfully disobeys a lawful and reasonable order;
* misconducts himself;
* is guilty of fraud or dishonesty; or
* is habitually neglectful in his duties.

So based on that, am i to understand that if an employee is constantly having problems, and the employer is constantly reprimanding them, then they would be on par with firing without notice, and without pay?

[Hamton]

I haven't read up on it, but just from observation and experience, it seems that most contracts require an employer give an employee 1 months notice and 1 months pay when firing them if they've been with the company longer than a certain period.

Often they just leave the day they're fired though, but still get paid for another month. Even if they're rubbish at their job.

[pinko]

If he is so bad, why did you keep him for 8 years?

[dropdedfwed]

i would have thought that regardless how crappy a person is at their job, if they have been there for 8 yrs they deserve some flex. Most people I have heard of being "dismissed" basically arrive at work one day, they are told to pack up their desk, hand in their cards, and to tidy things up, and then go home, and never come back. this is done for security/sabbotage reasons! one months pay plus whatever else is owing is then paid. some contracts demand 3 months pay for employment periods over a few years.

It's a conflict of interest - you want to get rid of an employee and save further losses, the emplyee has to find a new job witout a good reference. I think maybe the business is in the position to be mr nice guy here, yes?

[leghk]

* is habitually neglectful in his duties.

If the law similar to UK then -

Provided you can prove the above - witnessed official verbal warnings and written warnings - then you should be able to terminate the contact without any notice period.

Most companies I worked for issued 2 verbal and 1 written warning before dismissal.(not to me obviously )

After 8 years of service it may be worth trying to find out the reasons for the downturn in performance and look for solutions before taking any action.