Termination and dismissal due to circumstances for which the employee is responsible

The employer’s ability to dismiss employees due to weak performance, unwanted actions or collaboration issues largely depends on how the employer has followed up on the employment relationship over time. Line managers should therefore have adequate knowledge of how the day-to-day management of employees affects the employment law sanction opportunities that are available to the employer when a problem arises.

Justifiable grounds for termination and gross breach of duty or other material breach as conditions for dismissal are legal standards and it can be difficult to precisely state the cases in which such conditions have been met. The assessment must, among other things, take into account what the employee has done and the problems this entails for the employer. It is also important to consider the extent to which the employee can be blamed for the matter. Termination may be appropriate in cases when the employee deliberately commits an unacceptable act, e.g. fails to turn up for work, and in cases when the employee cannot be blamed at all, e.g. in the event of illness.

Common to many types of cases is that the employer’s use of its management prerogative will be central. If an employee often commits unwanted acts but the employer fails to follow up on the matter with the employee, the employee may be left with the impression that the act is accepted. This is why it is important to ensure that line managers have adequate knowledge of the management prerogative and its limits. Managers must also have a thorough understanding of how a motivating leadership style can be combined with setting the boundaries employers are required to set pursuant to termination rules.

What do we do?

• assist employers with the management of challenging matters
• deliver courses to managers on the management prerogative