Disciplinary Termination Procedure

As an employer, it is necessary from time to time to discipline or terminate an employee?

Am I allowed to issue a warning for a particular form of behaviour, conduct or performance?

How do I issue a warning?

Should it be in verbal or in writing?

How do I prepare a warning?

How many warnings is an employer required to give to an employee before termination?

When is the employee allowed a support person?

These are examples of the many questions facing an employer when seeking to discipline or terminate an employee. Failure to do so may result in significant compensation, (e.g. additional weeks pay) at any claims alleging unfair or unlawful termination. It is very important to follow the correct and most appropriate procedures when disciplining an employee. It is the aim of all disciplinary procedures to bring about a sustained and successful change in an employee’s performance, conduct or behaviour.

Moreover, it is important for the employee to be treated with fairness, provided with the opportunity to respond, supported and to fully understand the purpose of the disciplinary or counselling action undertaken. This is also very necessary where disciplinary action leads to termination.

• Counselling and or disciplinary action which result in a formal warning should include: –
  Reference to previous counselling/ warnings;
• A clear and thorough statement of the inappropriate action, conduct or poor performance, etc, (i.e. what the employee was doing wrong);
• A statement as to what is expected of the employee, (i.e. the level of performance required or the right action, behaviour, etc.);
• Offers of assistance, additional training if relevant or the nomination of a management employee to whom the employee may contact;
• A clear statement in respect of further disciplinary action or if appropriate the termination of the employee if there is a further reoccurrence of the unsatisfactory performance or inappropriate conduct or behaviour.

Craven and Associates can assist employers in preparation of warnings and procedures to be adopted in the termination process.
Craven and Associates is very experienced in the provision of expert advice regarding the implementation of the appropriate counselling, disciplinary and termination procedures.

Throughout the disciplinary process, it is recommended for employers to seek advice, thereby minimising potential unfair dismissal or unlawful termination claims.