Employment Law

Good cause around the world

An interesting piece in this newsletter about what constitutes ‘good cause’ for dismissal in various jurisdictions.

http://ecbel.whitecase.com/files/News/c259add2-c618-41ad-91c0-4adab3c2c36c/Presentation/NewsAttachment/ad70285e-8017-4175-8a6a-6f767902c937/global-employment-and-benefits-update.pdf

It seems that in most countries there is an understanding that wilful misconduct and criminal offences are clear grounds for dismissal. However, outside these areas, ‘good cause’ becomes a more murky concept, especially in regards to breaches of employment policies. Also note that sometimes even criminal offences dont justify dismissal. The German Federal Labour famoulsy reversed a dismissal for theft in 2009 regarding a cashier operator who had taken a coupon worth around 1 Euro. That decision basically turned Germany’s employment law landscape on its head.

Add to this implied or statutory unclear terms such as ‘mutual trust and confidence’, and you realise that there will never be a clear answer as to what is ‘good cause’. It all depends. We are still far away from an online dismissal calculator, then.