Common use of Instant Dismissal Clause in Contracts

Instant Dismissal. The above procedures dealing with poor work performance or unsatisfactory conduct and are not intended to interfere with the right of the Company to dismiss an employee without notice for serious and wilful misconduct that justifies instant dismissal. In such circumstances the following procedure should be followed: ▪ An investigation should be conducted to establish the facts. ▪ An interview of the Employee should be conducted by the Company. It would be appropriate that at least two members of management be present. ▪ It is appropriate for a nominated or responsible Employee acceptable to the Employee being disciplined to also be present. ▪ At the time of the interview the Employee should be informed of the alleged misconduct and be given the opportunity to explain his/her actions. ▪ If no satisfactory explanation is provided by the Employee, the Employee shall be dismissed. ▪ The Employee should be notified in writing of the dismissal and the reasons for same.

Instant Dismissal. The above procedures dealing with poor work performance or unsatisfactory conduct and are not intended to interfere with the right of the Company to dismiss an employee without notice for serious and wilful misconduct that justifies instant dismissal. In such circumstances the following procedure should be followed: ▪ An investigation should be conducted to establish the facts. ▪ An interview of the Employee should be conducted by the Company. It would be appropriate that at least two members of management be present. ▪ It is appropriate for a nominated or responsible Employee acceptable to the Employee being disciplined to also be present. ▪ At the time of the interview the Employee should be informed of the alleged misconduct and be given the opportunity to explain his/her actions. ▪ If no satisfactory explanation is provided by the Employee, the Employee shall be dismissed. ▪ The Employee should be notified in writing of the dismissal and the reasons for same.

Instant Dismissal. The above procedures dealing with poor work performance or unsatisfactory conduct and are not intended to interfere with the operation of Clause 14.2 ( c) of the Agreement which recognises the right of the Company company to dismiss an any employee without notice for serious and wilful misconduct that justifies instant dismissal. In such circumstances the following procedure should be followed: ▪ An investigation should be conducted to establish the facts. ▪ An interview of the Employee employee should be conducted by the Company. It would be appropriate that at least two members of management be present. ▪ It is appropriate for a nominated or responsible Employee employee acceptable to the Employee employee being disciplined to also be present. ▪ At the time of the interview the Employee employee should be informed of the alleged misconduct and be given the opportunity to explain his/her actions. ▪ If no satisfactory explanation is provided by the Employeeemployee, the Employee employee shall be dismisseddismis sed. ▪ The Employee employee should be notified in writing of the dismissal and the reasons for the same.