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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Can an employee claim unfair dismissal on expiry of his or her fixed-term contract of employment? Can an employee claim unfair dismissal if he or she has resigned? How can an employer prevent a possible discussion about a compromise agreement resulting in a claim for constructive dismissal? Can an employee who is absent from work because of an injury that occurred at work be dismissed? Can an employer dismiss an employee who is disqualified from driving if the job involves driving? Once a claim for unfair dismissal is brought what must an employer do to defend its actions?
In cases of misconduct a tribunal will examine first whether the employer genuinely believed that the employee was guilty of misconduct, second whether the employer had reasonable grounds for that belief, and third whether the employer had carried out as much investigation into the matter as was reasonable in the circumstances.
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