Q: Two members of staff had an argument. One left the premises and I asked her not to return. She sent me a text threatening me with 'people to sort me out'. Can I dismiss her?
Oct 30 2010
Answered by: Peter Done Ask a question
This employee has made a threat of physical violence and her conduct should be treated as an allegation of gross misconduct. Whilst the sanction for allegations of gross misconduct is summary dismissal it is important not to make any hasty decisions and ensure that you follow your disciplinary procedure. If you simply dismissed without following your disciplinary procedure then the dismissal may be deemed unfair because the employee has not been given the opportunity to respond to the allegations made against her.
It is important that the text message is kept because it is evidence. The employee should be placed on immediate paid suspension when they are facing an allegation of gross misconduct until the matter is concluded; allowing an employee to continue working or return to work during the process will weaken your case for dismissal.
You should also make sure that your approach is consistent with how the organisation has dealt with any similar incidents in the past.
It is imperative that clients seek advice before taking any disciplinary action. If you suspect there has been an incident that may be classed as gross misconduct it is vital that you contact the advice line straight away for advice.
Comments