Termination during the notice period after dismissal: is this unfair?

The Commission rejected this argument, stating that “(only the employee) could advance his own notice period… This was terminated at the initiative of (the employer) and was therefore a dismissal.”

Factors that influence the dismissal process

A most important aspect of the case involved in determining the employee’s seniority. Although he started with the current employer in November 2023, the Commission found that his previous employment with the old business owner counted towards his employment period due to the transfer of business rules.

The Commission confirmed that the hotel qualified as a small business with 14 employees, including permanent temporary staff. This meant that the Small Business Fair Dismissal Code applied, but the Commission found that the employer did not comply with the requirements of the Fair Dismissal Code.

“(The employer) did not believe that the conduct was sufficiently serious to justify summary dismissal… To have reasonable grounds to believe that summary dismissal justified, (the employer) should have investigated the allegations further before rejecting his denials,” the Commission explained.

Dismissal during the notice period

The Commission found no substantial evidence to support the employer’s claims of poor performance or misconduct.