Hexfere HR Resources & Blog

Is it permissible to dismiss an employee after delivering three warnings? This is a common query from many small and medium-sized employers. While we acknowledge that companies are eager to progress, there are instances where certain employees impede our growth, prompting us to seek their removal.

In practice, an employer can indeed terminate an employee after issuing three warnings for the same or similar offense. However, there are specific circumstances under which a company can terminate an employee's employment based on different criteria:

1. Instances of fraud, such as document falsification or cheating.
2. When an employee causes significant harm to the company, resulting in substantial losses.
3. When there is compelling evidence demonstrating that the employee is a persistent problem.

Nonetheless, it is crucial for employers to exercise caution when building a solid case, as there is a risk of facing legal action by the employee for constructive dismissal. Therefore, it is imperative to adhere to the following guidelines before taking any action:

1. Ensure that you have provided the employee with a show-cause notice and allowed a reasonable timeframe for the employee to explain themselves.
2. Be prepared to justify your reasons for not accepting the employee's response to the show-cause notice.
3. Conduct a domestic inquiry before proceeding with the termination.

It is essential to remember that an employee is not considered guilty until their response to the show-cause notice is received. Consequently, employers must handle the preparation of the show-cause letter with utmost sensitivity.

For further assistance, please feel free to email us at hr@hexfere.com. Each individual is entitled to three free consultations.