Employment Law AdviceToday’s litigious workplaces, terminating employees is an emotional and legal minefield for managers and supervisors. And the sad truth is, many managers are ill equipped to handle either side of the process.
That’s why we developed this unique platform dedicated to helping managers and supervisors terminate employees fairly and legally. You can always contact us to more learn the process for building your case for terminating an employee … how to document it thoroughly … and learn strategies that prove you’ve given employees every chance to turn their behavior around.
HR RESPONSIBILITY BEFORE DISMISSAL
- Investigate the misconduct complained of and document the findings of the investigation.
- Consult Schedule 1 of Employment Act: Does it categorize the misconduct as a serious infringement?
- Consult your HR manual: Does it categorize the misconduct as a serious infringement? What is the penalty prescribed in the HR manual? Is there a PIP requirement?
- Consult and organize history: Has the company had a previous case of this type of misconduct? How has the company dealt with the situation in the past?
- Consult personnel history: Has this employee had previous breaches of discipline on their record? What steps were taken in those instances?
WHEN DO YOU CARRY OUT A TERMINATION WITHOUT NOTICE?
- Due to attainment of retirement age
- Due to accident, illness, or death
- Due to premature departure of employee on grounds of unreasonable conduct of the employer
TERMINATION WITH NEED FOR NOTICE
- Due to any other justifiable reason, except misconduct or poor performance.