390 Dismissal on the ground of incompatibility

Description

Table of Contents

1. Introduction
2. Is incompatibility a form of misconduct or incapacity?
3. What does ‘incompatibility’ mean?
4. The elements
5. That the employee acted in a way which resulted in disharmony and a breakdown in the relationship
6. That the employer made ‘sensible, practical and genuine’ efforts to effect an improvement in interpersonal relations with the employee.
7. A reasonable period must be allowed for the employee to make amends.
8. The incompatibility that causes the breakdown in a working relationship must be irremediable
9. The appropriateness of dismissal as a sanction for incompatibility