Dismissal from Employment - Coursework Example

Dismissal Meeting Dismissal Meeting Introduction Dismissal from employment can be voluntary or involuntary. It covers a wide and wild range of situations that lead to dismissal. It would be shallow to vindicate that it is pleasant to dismiss an employee. However, conducting appropriate dismissal meetings can be far more effective. Handling the individuals about to be laid off his or her duty with care and with the deserved weighed is prudent. Handling such meeting require high level of decorum and sobriety in a manner that does not demean and dehumanize. This helps in dispelling the tension that may emanate from firing an employee (Cushway, 2014). Hostility is bound to surface when the channels or steps taken do not satisfy the requisite legal requirements for termination of one’s employment. It is for the above reasons that this paper seeks to highlight step by step processes of conducting dismissal and ways managers can cope with the emotions that accompany an employee’s layoff (Sidney, 2009). The different types of dismissal are fair dismissal, unfair dismissal, constructive dismissal and wrongful dismissal. In most cases fair and unfair dismissal depend on two facts. These two facts are the reasons for the termination and the reaction that comes alongside the dismissal. However, for the constructive dismissal an employee may decide to put pen to paper an end to the employment contract due to a number of reasons. There are several ways that consequently lead to this kind of dismissal. For instant, when an employee’s wages are reduced in a manner that breaches the terms of agreement of the contract or the prevailing working conditions endangers the life of the employee or unjust increase in workload and discrimination of the employee (Sandler & Keefe, 2010). It is a natural phenomenon for the person being dismissed to feel resentment towards the manager. It is prudent that anything the manager does during the dismissal is aimed at minimizing as much as possible the resentment that the process may accompany. The repercussions for dismissal of a worker can be so detrimental not only to the company itself but also to the well being of the manager (Cushway, 2014). Due to competitive nature in the business arena, companies strive to create and maintain a nutritious image geared towards acquisition of customers for the short term purpose as well as long term purpose. If the distraught worker bad mouths the company after dismissal, customers may have some reservations towards that company. Moreover, the manager should avoid by all means using all the available energy for the dismissal case to become a lawsuit requiring litigation. In worse case scenarios, dismissed workers especially those convicted to have been dismissed inhumanly have always threatened to case bodily harm to managers or other employees (Sidney, 2009). Process of conducting dismissal meeting When the need arises that requires an employee to be laid off, it is prudent for the manager to set up an appropriate meeting. Offloading one’s duty requires face to face meeting rather than through electronic mails, letters or phone calls. The meeting should be conducted with the immediate manager or supervisor who is more familiar to the issues or the elephant in the room leading to dismissal. Moreover, the supervisor may be able to manage the worker appropriately since he or she is aware of the worker’s personality. In addition, if the worker feels the need to have a witness during the process, then that should be allowed. However, it should be clearly stipulated that the witness sole purpose is to witness and not to argue out (Workplace Law Handbook, 2011). The venue for the dismissal should be a serine place that provides an ambient environment that is free of sight or earshot of other employees. The venue selected should be one that does not alert people of what is about to take place as well as free of interruption. It is recommended that this meeting should be held in a neutral venue. It should neither be in the manager’s office nor the employee’s. In fact, the ideal place should be in a quiet public place. The public place may minimize emotional outbursts that may arise from the meeting (Sandler & Keefe, 2010). The correct time of the day and the week to hold a termination meeting should be earlier in the week and the day. Human nature provides that most human beings are better equipped to deal with adversities or challenges better in the morning. Moreover, when this is conducted early in the week, it provides the employee with the opportunity to immediately start focusing on looking for alternatives. It also helps the employee in case of a Friday dismissal not have time to brood over the dismissal. Dismissal during later part of the day can be disastrous because individuals tend to be short tempered and tired as the day nears to end (Workplace Law Handbook, 2011). During the dismissal meeting, the manager is expected to give an in-depth explanation and reasoning as to the dismissal. This may help in avoiding a lawsuit of dismissing the employer without providing reasons. While giving out explanations ensure that all the evidences emanate from a valid investigation. In case the employer disrupts while giving explanation; it is prudent to give him or her listening ear. If anything one of the best ways of effective communication is listening twice as much as you talk (Sandler & Keefe, 2010). It is also vital to brief at the meeting the benefits such as those from insurance scheme and separation compensation that may have accrued during the employer’s tenure at the firm. In addition, having the workers last paycheck during termination may energize him or her and leave out something positive to the worker (Sidney, 2009). Finally, the manager has to ensure that any property belonging to the firm or company is retrieved from the terminated employee. To save face the terminated worker can be given an ample time to return the belongings rather than harassment (Cushway, 2014). Ways in which a manager can cope with negative emotions from dismissal of an employee Termination of an employee is sometimes not only distressful to the employee but to the manager or supervisor conduction the meeting. It is even more challenging when the employee to be dismissed has tried his or her best by utilizing all the available means to make things work. However, adequate preparation may be significant in handling such situations (Workplace Law Handbook, 2011). One of the ideal ways of dealing with such situations is by reviewing the notes concerning the dismissal, breathing heavily and working in the venue with a positive mindset of success before the meeting. Emotions that may emanate should be controlled by being factual in presentation at the meeting. This is achieved by preparing on all avenues that may provide loopholes for the employee to engage in argument. After the dismissal the manager should not expect to perform to optimal standards hence it is advisable to reward yourself tasks that are not so demanding for that particular day. In addition, creating time to process the emotions can help in recovery of having dismissed somebody from work. Discussing the process with a fellow manager or supervisor can hasten the healing process (Sandler, & Keefe, 2010). The other ways of dealing with the emotions is by ensuring that you control the interview and dictate the tone of the interview as well. The appropriate tone in such scenarios should be positive tone. For instant, giving explanation to the worker that the dismissal case is beneficial to both the parties involved. The benefits as highlighted earlier should be clearly and precisely presented (Sidney, 2009) Ways termination of an employee can affect the company Most companies have embraced team work as a possible tool for higher production or performance. When an employee is terminated, a missing link in team work may be created. Layoff of an employee has implications that more often need to be keenly addressed using high definition quality glasses (Workplace Law Handbook, 2011). Termination can be costly at time. The company may be compelled to give compensation to the outgoing employee(s). Furthermore, other employees may be required to work overtime to fill in the gaps left. Working overtime requires remunerations that commensurate to the task involved. Other employees may be disillusioned by the manner in which termination occur hence some may opt to walk out of the institution. Besides, layoffs may impact negative in retaining customers’ loyalty and may also dent the image of a company to the public which in turn can be very catastrophic (Sandler & Keefe, 2010). The distressful emotions that accompany termination of an employee can affect the performance of the employees. Employees may consequently discharge their duty in fear of similar repercussions and this may affect their performance. Moreover, when an individual is shown the door, the status quo at work place may be disrupted. When this happens, it may time some time for the remaining employees to adjust (Workplace Law Handbook, 2011). Compensation to the separated employee In most cases, firm provide compensation to the separated employee. On dismissal the company can opt to provide paycheck for services offered up to the period of layoff. In addition, insurance schemes and protection benefits offered may be upheld or given to the separated worker. In a situation where the dismissal happens before the entire period of contract elapses then the company is compelled to compensate for the services that the employee may have provided (Sandler & Keefe, 2010). Compensation chart timeline Time Entitlement 1st month off layoff Payment of services offered during the month 2nd month Payment of services ought to have been offered as per the period of the contract 3rd month Payment of all other benefits accrued such as those from insurance schemes Reference Managing termination of employment. (2009). Sydney: CCH Australia. Workplace Law Handbook 2011: Employment Law and Human Resources Handbook. (2010). Cambridge: Workplace Law Group. Sandler, C., & Keefe, J. (2010). 500 letters for difficult situations: Easy-to-use templates for challenging communications. Avon, MA: Adams Media. Cushway, B. (2014). The employers handbook: An essential guide to employment law, personnel policies and procedures. Read More