General Principles
Formal processes concerning unacceptable behaviour or poor performance should be:
Because termination/dismissal is the most sensitive of all employee relations issues, you should ensure that:
Note: You must obtain your manager's approval before initiating any form of termination action.
Formal Procedure
In all potential termination and dismissal situations it is important to ensure that:
Good Cause
There are genuine grounds for termination of an employee in the following situations:
This means misconduct so serious as to justify dismissal without notice and without warning. This is often referred to as summary or instant dismissal. However, there must still be proper investigation and process before a decision to dismiss is made.
A series of warning offences in breach of the rules.
Ongoing performance failure where the employee has failed to respond to formal warnings.
Where the position held by the employee genuinely becomes surplus to requirements.
Fundamentals of fair process
In dealing with disciplinary cases, it is not only important for you to ensure that justice is done but also that it is seen to be done. Consider the following points:
Ensure that your employees are informed and understand the work rules or company policies pertaining to their work area. This includes the termination/dismissal procedure.
Inform the employee of the allegation which is to be investigated. Advise the employee of the consequences if the allegation is sustained.
Promptly make all reasonable efforts to establish and confirm the facts.
Offer the employee the opportunity to be represented or have another employee present as a witness.
Give the employee a real chance to explain or justify his/her actions before the decision is taken. This may involve adjourning the meeting for a period to enable the employee to consider his/her position.
After the investigation is complete, which includes interviewing the employee concerned, give full consideration of the facts including the employee’s explanation. Consider other factors including the employee’s work history, any extenuating circumstances and the consistency with which rules have been applied in past cases.
After considering the facts, the employee should be informed clearly and frankly of the reason for the termination/dismissal. This will involve clearly identifying to the employee the “gap” between his/her performance or behaviour as compared with expected requirements.
Restrictions
It is unlawful to discipline or dismiss an employee on grounds which suggest discrimination by reason of: