Employee Dismissal and Resignation

Employee departure could be the result of any of the following:

  • Dismissal for Cause
  • Dismissal  without Cause
  • Resignation

It is in the interest of both parties that the departure process is as clear as possible. To avoid misunderstandings and distrust between [Company Name] and  the employee, [Company Name] will treat any dismissal with discretion, and will follow procedure as per [labour] law.

Dismissal for Cause

Dismissal for cause refers to the immediate end of employment due to the employee’s misconduct. Any disciplinary action that results in dismissal is considered to be “for cause”. Other wrongful actions that result in immediate dismissal are also considered to be “for cause”.  These include, but are not limited to:

  • Breaching the contract of employment
  • Engaging in discriminating behavior or harassment of co-workers
  • Deliberately neglecting job responsibilities
  • Continuously disregarding company policies and procedures

A Letter of Dismissal for Cause must be submitted to the employee, and a copy of the signed letter must be filed in the employee’s file for the company’s records.

Dismissal without Cause

Dismissal without cause refers to when [Company Name] determines that the services of an employee are no longer needed.  This does not refer to an employee’s conduct.

Reasons for dismissal without cause include, but are not limited to:

  • Retrenchment
  • Restructuring of a department
  • Redefining of a position

When an employee must be dismissed without cause, [Company Name] is obligated by [Labour] law, to notify the employee [30] days before the date of dismissal. If the employee has to stop working before the date of dismissal, [Company Name] [will/will not] provide compensation for the remaining time.

A Letter of Dismissal without Cause must be submitted to the employee, and a copy of the signed letter must be included in the employee’s file for the company’s records.

As per [labour] Law, [Company Name] may not wrongfully dismiss and employee.

Wrongful dismissal may include, but is not limited to:

  • Unfair dismissal for cause
  • Dismissal with notice
  • Constructive dismissal (forcing an employee to resign)
  • Unfair retrenchment

Resignation

If an employee intends to resign, they must submit a signed Letter of Resignation [30] days before the final day of employment. This will ensure [Company Name] has sufficient time to find and train the employees replacement, or make alternative arrangements for the distribution of the employee’s workload.

A copy of the Letter of Resignation must be included in the employee’s file.

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