You may dismiss an employee for the following reasons:
The power to dismiss lies in the person or body having the authority to appoint. (The power to hire and fire)
You can initiate termination in the case of non-performance by an employee who shows no improvement even after you have given the required training, counselling and coaching.
The letter given below is only a sample dismissal letter. The content of a dismissal letter depends on many things including your organization's disciplinary rules and enacted laws that govern termination of service.
This sample termination letter is to help you in some way when you encounter a problem employee.
The Organization's Letterhead
TERMINATION OF SERVICE
Notice is hereby given that you have been found guilty of serious misconduct by the Disciplinary Panel that heard the case against you.
This misconduct was made known to you through the Show Cause Letter dated 1st April 20XX.
Based on this finding, therefore, you are hereby dismissed from the company's service effective from today, 12th May 20XX.
However, based on the Disciplinary Rules and Regulations currently in effect, you are given the opportunity to appeal, in writing, against this decision. Your appeal must reach this office not later than 26th May 20XX. Any appeal received after this date will not be entertained.
Further, failure to respond to this letter shall render the dismissal decision conclusive. Thereafter you will cease to be an employee of the company and will have no further claims whatsoever against the company.
Any accrued salary or wages less any debt owed to the company and any statutory deductions, will be paid to you.
Executive Vice President (Human Resource)
for ABC Ltd
Dismissal IS Subject To The Law of Natural Justice
You can only initiate action to terminate the service of an employee and issue a dismissal letter after a fair hearing conducted after proper investigation is made.
The disciplinary panel will need to consider the response to the show cause letter if one is received not later than the end date of the specified period. This is usually fourteen (14) days.
You are not at liberty to dismiss an employee at any time as much as you may want to. You may not do this even if you can no longer tolerate the behaviour of the employee. You need to follow rules and procedure.
The situation is different where the employee is absent from work for a long time and you cannot trace his or her whereabouts.
Seek expert advice from legal professionals.
Draft the dismissal letter and have it vetted by legal people. If you have an in-house counsel or a legal officer, ask him or her to prepare the letter.
Doing this will help you avoid sleepless nights, wondering whether what you have done is right or not. You yourself need not check out any sample dismissal letter. Your legal officer is there to ensure that the termination letter is in order.
Besides doing this sample termination letter, you can check out a number of sample dismissal letters available online.
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