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2min chapter
S6E12 - Performance Dismissals (with Saul Margo)
Employment Law Matters
The Importance of Capabilities in Dismissal
Sometimes it's recognised in the case law that sometimes these issues are hard to distinguish. If you put something in the wrong box, then you do risk following the wrong procedure. So I certainly think that you might come to a situation where you think, well, hang on, we initially gave a conduct warning there. But I think that this isn't just kind of negligence or carelessness from this employee. I think this is actually capability. And I want to take that warning into account, but go forward in the capability process. I think you can do that, but you just have to have a very clear sight of what it is you're doing and why... perhaps acknowledging that you actually see
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