Dismissal on a whim - why not?

[Dave A]

This question was triggered by a post in the Metals Industry strike - my take thread.

I'll get to the post concerned in a moment, but first let me make an argument based on the same argument used by organised labour to support the right to strike (apparently balanced out by the employer's right to lock out, which come to think of it, the unions are not particularly respectful of right now ).

Argument 1.
The employee can resign on a whim. Doesn't even have to give reasons. Why can't the employer dismiss an employee in similar manner?

Argument 2.
I've highlighted the particularly relevant parts of the post.

We absolutely need simpler, less onerous rules - particularly with respect to our labour laws. But that does not mean that all regulations are bad. And when it comes to dismissal situations, I don't think that our laws are particularly complex:

1. Don't fire someone unless you have a fair reason (e.g. poor performance, incapacity, misconduct, operational requirements).
2. Before you fire someone, explore alternatives to dismissal and give the affected employee an opportunity to respond to your reason for firing them.

You don't need to be a labour law "guru" to get to grips with this. I've sat down with clients and explained it to them in half an hour or less. I've written plain English business guides that require less than an hour to read and apply.

Part of the problem is that many small business owners don't want to learn, or assume that it is a lot more complex than it really is. They want the freedom to do as they please. And in some respects, they do deserve more freedom. But dismissal is not one of those situations. You can't have business owners (irrespective of the size of their company) firing people on a whim. It would lead to exactly the sort of exploitation that labour brokering has been used for (not, of course, to suggest that all labour brokers or their clients are exploitative).

OK then. How about when the employer and employee have a really bad relationship?
Like adversarial just for the sake of being adversarial because one doesn't like the other for whatever reason?

The employee can pick their moment to leave the relationship, but the employer can't?
Have you tried firing an employee for having a bad attitude?
Get ready to fork out at the CCMA if you do (or pay a hefty fee to a labour lawyer to deal with it).


Or how about when the employee is really miserable in their job, but can't muster up the initiative to move on?

I've had a few of these over the years, and they just suck the energy out of any room they enter and fill it with negativity.
I've counselled them.
I've tried motivating them.
I've offered options for them to improve their lot in life, which they just don't take.
They clock in.
They do the minimum asked of them.
They don't impress clients, or even lose you clients (as in they just go away and never return).
The only thing they cling onto stronger than their misery, is the cause of it - their job.

The absolute best thing I can do for them, my business, myself and the future of the rest of my staff is fire the misery's sorry ass and force them to move on.

But I'm not allowed to because that would be an unfair practice.

So come on - why not be able to fire the employee on a whim?
There's going to be a reason why that whim occurred in the first place, and as long as it's connected to the employee, I can't see a problem right now.
Enlightenment welcomed.