Nice discussion of how the company might work with the employee through progressive discipline, and of how just cause dismissal could be implemented at the end of this process. Constructive dismissal is not recommended due to the risks associated with it. Barnetson indicates (in the study guide) that employers can lawfully terminate employment in three ways: just cause, non-culpable dismissal, and mutual consent, therefore, it would have been better to discuss non-culpable dismissal or mutual consent as your second option. See additional comments within (in red font). NOTE: comments will not be visible from your e-mail file viewer; you will need to download and open the file using a word processing program – e.g. MS word. Your assignment will contain written feedback, – if you can’t see this written feedback, please let me know. You may need to adjust your word processing program to view the comments. Please let me know if you have any questions. Best wishes, Evelyn
To:Senior Level Management
From:Dianne Wood, Human Resource Practitioner
Date:July 13, 2012
Subject:Termination of an Employee
It has been brought to my attention that one of our employees has been demonstrating mediocre performance and has a reoccurring attendance problem due to her child-care situation. A request to HR has been made to “ divest “ the organization of this “ problem employee.”(
The first recommendation of legitimate termination is Involuntary Termination. (These are terminations resulting from employment problems such unsatisfactory performance, excessive absenteeism or tardiness, or poor attitude.( In our case, mediocre performance and reoccurring attendance is the issue. Involuntary Termination – be more specific – in-between cases are dealt with through progressive discipline- is a part of a “ progressive step “ process which means that the employeer will be warned of their work performance and /or conduct( and given the opportunity to improve before more severe measures are taken.( However, immediate termination (i.e. immediate just cause dismissal - summary dismissal) may be enacted for severe cases such as theft, sexual harassment or other zero tolerance offencesses.( Often, employers are required to give an employee a due process, which involves giving the employee a chance to prove why they should be allowed to keep their job (or they may be required to give a terminated employee an option to appeal their termination.( In some cases, an employee’s off-the-job behavior could result in losing their hjob. Employers are frequently concerned if an employee’s off-the-job actions may affect the reputation or the organization’s business. A Supervisor and/or workplace must keep extensive documentation of employees including:
• records of disciplinary action(
• attendance records(
• correspondence from supervisors, co-workers and customers(
These records may be used to determine whether or not to terminate an employee considered for such an action.( At a certain point, tThese documentations must be removed from the employee’s file after a specific period of time.
There are advantages and disadvantages of choosing Involuntary Termination.
• Disadvantages may include but are not limited to:
• can be costly to the company by:
• recruiting, selection and training replacements( • lost productivity(
• lawsuits if employee feels they were dismissed unfairly( (e.g. for wrongful dismissal) • workplace violence(
• cost of turnover is 0.5 times the annual salary for an hourly employee( • ( Chapter 3 page 86 )
• (if work notice is given,- should note that when a company terminates an employee for just cause, it isn’t necessary to provide notice) the employee may not work the full termination notice by not showing up for their shift, therefore,...