The employer has a series of disciplinary sanctions thanks to his power of control. This goes to reinforce his right to unilateral resiliation. The most severe of these sanctions is dismissal. The dismissal may be as a result of gross misconduct. However, the incapacity of the worker can also lead to the dismissal of the worker.

  • Gross Misconduct of the worker: This can lead to the summary dismissal without notice. It is however for the court to decide whether the conduct of the worker was gross misconduct or not taking into consideration the particular circumstances of the case, the conditions under which the worker acted, his seniority and the place in question. Insubordination is the most common instance under which gross misconduct is manifested.
  • Incapacity of the worker: This may be physical or professional in nature. Professional incapacity may take several forms. But only the employer has the right to appreciate the extent of the professional incapacity as against the job to be executed by the worker. The employer who bears the risk of success of the company business has to ensure the output of the worker is optimal. So any professional incapacity can lead to dismissal of the worker by the employer. Such professional incapacity include gross negligence, bad service, absence of professional ethics etc.
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