The days of being able to fire staff at the drop of a hat are long gone. A fair and reasonable employment termination process to be followed, which includes letters that need to be issued to problem employees at key stages.
An employer must also demonstrate that there’s good reason for the termination, and has a duty to keep an open mind to outcomes; they may not be pre-determined.
If an employer doesn’t meet all these requirements, the employee could make a personal grievance claim. This is costly, distracting, and could impact the organisation’s internal and external reputation.
Instead, engaging our team of HR experts means that legal processes will be followed, and in such a way that protects your organisation’s reputation and staff morale.
Some employers may try to avoid proper employee dismissal processes by making a staff member’s employment so unenjoyable that they quit. This is known as employment constructive dismissal. Examples of constructive dismissal are:
Our recommendation on constructive dismissal advice for employers is: don’t do it!
Constructive dismissal can be subject to a personal grievance case that goes to the Employment Relations Authority or Employment Court.
It is far less damaging, less risky, and more effective to follow a proper employee dismissal process. Especially if it’s ConsultingHQ guiding you through it.
Our consultants are experts at ensuring you minimise the risk during the employment termination processes, and also keep the relationship positive when employees are staying with the organisation. This gives your team clear expectations to move forward with.