"If the employer can prove the person or persons who made the decision to dismiss on behalf of the employer was not motivated by protected activity or attribute of the dismissed employee, the employer will defeat the claim," he says.
"Even if the dismissal was for proper lawful reasons, a single unlawful factor motivating the decision will lead to a contravention of the Act."
"Again, it may be easier for a claimant to prove the fact he or she raised a complaint or grievance is the real reason for dismissal if that complaint or grievance was ignored or not handled in accordance with established grievance procedures," he says.
He also recommends removing the person who is likely to make a dismissal decision from involvement in any process of complaint or grievance resolution.
"It will be harder for a claimant to show the fact of a complaint or grievance is the real reason for dismissal if the person handling the resolution of the complaint or grievance is not the person making the dismissal decision," he says.
Finally, employers should ensure the decision-maker documents the reasons for dismissal by the decision-maker and recorded securely, Power advises.
"Nothing in the general protections laws makes it illegal or unlawful to not give a reason," he notes.
In the world of general protections, not supplying a reason is a problem, Power warns, but employers often make this mistake during the minimum employment period.
"Often that minimum employment period coincides with a probationary period, and employers might think, 'well probation, we don't have to give a reason, we can just knick them off, sorry you were unsuccessful, see ya later'," he says.
"You want to get in first and say, 'I'm dismissing you because you don't have the right skillset', or 'you have been underperforming', or 'you have been rude to a customer'.
"Therefore, you're setting up the reason and drawing the line if you like. The employee can still make the claim and say, 'oh no it's not for that reason'," he adds, but the employer is better positioned to defend it.
Power stresses employers need to go into some detail. A warning isn't needed, but the employer should explain its reasons.
"To a degree, you need to set out your thinking, set out your explanations as to why they should be let go, and have some capacity to prove that."
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