legal restriction
Before deciding to dismiss an employee because of a legal restriction on his or her continued employment, a company will be expected to have:
- consulted with the employee about the situation;
- considered whether it is practicable to make temporary arrangements to cover the employee's duties if the restriction will apply only temporarily, as where an employee has been disqualified from driving for a short period; and
- considered whether there are any vacancies in the company to which the employee could be transferred that would not be affected by the restriction.
The statutory minimum dismissal procedure, which would normally involve a meeting and the right to appeal ( minimum dismissal procedures ), does not apply to this type of dismissal, although it may still be reasonable to allow the employee an opportunity to appeal.