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The Don'ts

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Even where serious misconduct is alleged, the employee is still entitled to an opportunity to provide his/her account of events prior to the employer making any decision. If there are concerns about having the employee at the workplace, suspension may be an option which can be discussed with the employee. Check whether there is a clause to suspend in the employment agreement.

Generally, the consultation process can be undertaken in two to three meetings with the employee.

Predetermine the Outcome

An employer needs to enter the process with an open mind and can only determine whether to issue a warning or dismiss after allowing the employee a fair opportunity to respond.

Withhold Relevant Information

If a matter is important in an employer’s decision about whether to issue a warning or dismiss an employee, then the employee must be allowed an opportunity to comment on that matter. Don’t withhold relevant information.