How to Dismiss an Employee
After you have taken all of the preliminary steps, considered all of the potential ramifications, legal and otherwise, and have made the difficult decision to let someone go, stick to it. Don’t torture yourself. Don’t prolong the dismissal procedure! It is, after all, inevitable.
To be lawful in New Zealand, a dismissal must be based on a genuine reason (“substantively justified”) and must follow a fair process. (See here). Today’s article assumes you have been through a fair process and we now deal with the final step.
Only the worker’s direct supervisors, and any witnesses that will be present at the termination meeting, should be told about the termination decision in advance. An advance leak of a dismissal can only worsen the situation.
Prepare a written dismissal notice to give to the employee in the meeting. The employee is entitled to the reasons for your decision and would otherwise have the right to request a written statement from you within 60 days of becoming aware of the dismissal.
In the past, late Friday afternoon was considered the optimum time to let someone go. Today, earlier in the day or even the week is deemed appropriate. Some companies that take this approach offer the employee the option of either remaining for the rest of the day or week or leaving immediately with pay for the workday.
When you are ready to proceed with the termination, call the employee into the office. Approach him or her with “I have something to discuss with you.”
After the employee and any other managerial personnel or witnesses have gathered in your office, get to the point quickly. Briefly explain to the employee that he or she is being dismissed.
Refer to the dismissal notice. Summarise the main reasons for the dismissal, recap the warnings that have been issued, and the opportunities extended to improve his or her performance record.
Give the person a cheque for monies due. If you are offering severance pay, detail the severance offer and present the employee with the forfeiture document to be signed if the severance is to be paid. Explain any continued work options. Offer to let the employee clean out his or her office or desk now, or have you mail any personal belongings to him or her later. If the employee elects to have you mail his or her belongings, have two people oversee the cleaning process to be sure that all of the employee’s personal possessions are mailed.
Show appropriate sympathy for the employee, but not empathy.
Do not waiver and change your mind. Do not overstate any aspect of the employee’s performance.
Answer any question the terminated employee may have, even if he or she interrupts you. A termination is extremely emotional. Don’t be surprised if the employee doesn’t hear the basic message or doesn’t understand the details of his or her dismissal. You may have to restate all or part of the termination.
As long as the employee doesn’t lose control, extend him or her every reasonable courtesy. Certainly give the person an opportunity to say good bye to coworkers. He or she will only call these people up on the phone later anyway.
If the employee does lose control and becomes verbally abusive, ask him or her to vacate the building. Don’t get upset. Remember, no matter what you think of the employee, that person is being terminated. He or she is leaving, not you.
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