What is the correct procedure for dismissal?

Answered by Douglas Hiatt

The correct procedure for dismissal involves several steps to ensure fairness and compliance with employment laws. Here is a detailed explanation of the process:

1. Identify the issues: Before initiating dismissal proceedings, it is important to clearly identify the issues or reasons for considering dismissal. These could include performance issues, misconduct, or a breach of company policies.

2. Gather evidence: Once the issues have been identified, gather all relevant evidence to support your case. This may involve reviewing performance records, conducting investigations, or obtaining witness statements. It is crucial to have documented evidence to substantiate your decision.

3. Inform the employee: Schedule a disciplinary hearing or meeting with the employee to discuss the issues at hand. Provide them with a written notice detailing the reasons for the meeting, the allegations against them, and any supporting evidence. This notice should also inform them of their right to be accompanied by a colleague or union representative.

4. Conduct the disciplinary hearing: During the hearing, give the employee an opportunity to present their side of the story and respond to the allegations. Allow them to provide any supporting evidence or witnesses if necessary. Ensure that the hearing is conducted in a fair and impartial manner, allowing for a two-way communication.

5. Reach a decision: After considering all the evidence presented during the disciplinary hearing, make a decision on whether to proceed with dismissal or take alternative disciplinary action. This decision should be based on a fair and objective assessment of the facts.

6. Inform the employee of the decision: Once a decision has been made, inform the employee of the outcome in writing. This letter should outline the decision reached, the reasons behind it, and any actions to be taken, such as dismissal, a final warning, or additional training. Include information about their right to appeal the decision if applicable.

7. Right of appeal: Provide the employee with the opportunity to appeal the decision if they wish to do so. This should be communicated in writing and specify the timeframe within which they must submit their appeal. Establish an impartial appeals process, where an independent person or panel reviews the case and considers any new evidence or arguments presented.

8. Review the appeal: After receiving the employee’s appeal, review the case again, taking into account any new information or arguments provided. Reconsider the original decision and either uphold it or revise it based on the merits of the appeal.

9. Communicate the outcome of the appeal: Inform the employee of the outcome of their appeal in writing. If the decision is upheld, reiterate the reasons for the dismissal or alternative disciplinary action. If the decision is revised, provide details of the new outcome and any necessary actions to be taken.

It is essential to follow the correct procedure for dismissal to ensure fairness, avoid potential legal issues, and maintain positive employee relations. Adhering to these steps will help ensure that the process is conducted in a transparent and objective manner.