The stakes and consequences of being fired for a fault differ depending on the severity of the fault committed. How can an employee make a cascading mistake in the course of his or her work?
Faulty dismissal
What is the procedure for dismissal for misconduct and what are the consequences?
Dismissal for fault: characteristics
There are three types of dismissal for misconduct, depending on the severity of the employee’s behavior.
Dismissal for simple foul play: this is a first-degree fault. It constitutes a legitimate reason for dismissal, but does not mean that the employee must leave immediately: for example, if the employee makes a mistake or is negligent.
Dismissal for gross misconduct: The seriousness of the fault committed by the employee means immediate departure from the company. Common misconduct includes: robbery, work drunkenness, abandoning work, harassment, etc.
Dismissal for gross negligence: gross negligence is characterized by an employee’s clear will to harm his or her employer. We can mention: demotion, violence, etc. Here, too, the separation from the company is immediate.
What is the procedure for dismissal for misconduct?
Before starting the dismissal procedure, the employer will hold disciplinary proceedings, the purpose of which is to determine the degree of fault committed by the employee.
During this process, all circumstances of the employee’s conduct must be studied: qualifications, undisclosed characteristics of such conduct, factual background, etc.
If, at the end of the disciplinary procedure, the fault is described as serious or severe, the employer may immediately terminate the employee’s employment contract: this is called temporary dismissal. During this period, the employee will no longer work and will not be paid.
Note: In the case of gross negligence, it is up to the employer to provide evidence to support his or her statements.
At the end of this step, the dismissal procedure is initiated.
First is the invitation to the initial termination interview: this letter must be sent at least 5 working days before the date of the termination interview.
Then comes the termination interview itself: during the interview, the employer will state the reasons for the termination and give the employee an opportunity to explain.
Sending the termination notice: after a reflection period of at least 2 working days, the employer sends (or does not send) a letter to its employee informing him/her of the termination.
Finally, the employer must provide its employee with all documentation at the end of the contract: proof of education, proof of employment, and any account balances.
Note: In the case of dismissal for misconduct, the employer has 2 months to start the dismissal process, from the moment the fact comes to his attention.
What are the consequences of dismissal for misconduct for the employee?
The consequences of dismissal for misconduct depend on the severity of the misconduct in question.
Simple fault: Except in exceptional cases, the employee has executed his notice period before leaving the job. The severance pay remains the same.
Severe fault: No severance pay is paid, but the employee remains entitled to paid leave compensation. The employee is not entitled to a compensatory notice allowance due to an immediate separation from the company.
Serious error: Here too, the severance payment is eliminated and the employee does not execute the notice period and therefore does not receive the notice payment. The employer may even claim compensation.
Note: Do you feel that your dismissal was not based on genuine and serious reasons? You may be facing unfair dismissal: you can go to an industrial tribunal. You have 12 months from the date you receive your notice of dismissal to enter the industry.
