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Investing in New Zealand - Learn how to Find Unique Investment Opportunities
Copyright 2005 Ofer Shoshani Investing in New Zealand might be much easier than investing in other western countries, thank to the excellent infrastructure, the low taxes and the assistance of the supportive NZ government. Technological Face of...
The Challenges of Human Resource Management
Introduction
The role of the Human Resource Manager is evolving with the change in competitive market environment and the realization that Human Resource Management must play a more strategic role in the success of an organization....
The First 60 Minutes of Your Day
In working with clients I tend to hear from people who are unsure of what they want to do with the rest of their life, but will focus on telling me what they don’t want to do. It goes something like this, “I’ve worked it that industry before and...
What an Emotional Intelligence Program Can Do For Your Organization in 2004
The problems of low productivity, poor judgment, bad decisions, hiring the wrong people and losing the right people, unmotivated employees, lack of teamwork, and poor self-management lie wirh the emotions. So do the solutions. Studies have shown...
When Managers Play the PR Card
The payoff for business, non-profit or association managers can be a real assist towards meeting their department, division or subsidiary objectives.
Playing that public relations card means they’ve decided to pursue their objectives by...
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Firing someone without resentment
Firing someone is always going to be thankless task, rife with stress and a fraying of nerves. Here are some ways in which resentment and conflict can be minimised throughout this difficult process
Firing, sacking, letting go or terminating people is unpleasant. There are ways to minimise resentment, but why bother? Because most legal action and unpleasantness stems from dissatisfaction/resentment about the way things were handled - about how rather than what happened. Dismissal can be unfair because of the reason, or the way it was done, so you need to be extremely careful. In the law regarding employer-employee relationships, fairness is key. You must be fair, and be seen to be fair. But fairness, like beauty, is in the eye of the beholder - after being terminated, very few people have clear vision!
Prepare a disciplinary process/policy given to all, with a sequence of verbal then written warnings ending with dismissal. Ensure processes allow for discipline/termination on grounds of both performance (capability) and attitude (conduct). Specify your right to instantly dismiss someone (summary dismissal) for gross misconduct, and give guidance on what would constitute this.
Have hard evidence to back up all decisions. Documentation of poor conduct and/or capability is essential. You have to follow your own process to avoid legal unfairness. Negative appraisals/reviews make good evidence.
Never take decisions lightly - weak performance can sometimes be improved by skilled intervention/support. Termination is traumatic/demotivating for surviving staff, even when they understand why.
Avoid surprises by giving every opportunity for improvement before opting to terminate. This reduces grounds for legal action. Plus, survivors feel less threatened if they see you are fair. Employees who have been aware for some time there is a problem are usually less traumatised, and may already be looking elsewhere. Always avoid firing someone who has no idea its a possibility, except for summary dismissal.
Get legal advice if you have any questions. Balance £200-500 for advice against £50,000 max unfair dismissal compensation! Phone lawyers and ask for advice on dismissal - sometimes possible over the phone for a fee. Remember, sexual/racial discrimination compensation is unlimited, so always take legal advice if this might be alleged, whether or not it happened.
Plan your speech exactly and write out a script. It ensures you say everything necessary, and helps if you get stuck. There can be temptation to offer sympathetic/reassuring words to sweeten the message. Unfortunately, kindness here can cause confusion and lead to legal action. Have a witness present - never fire one-to-one.
Stay calm - never act in anger. Even summary dismissal can be done after an hour to prepare and calm down. If employees lash out verbally/physically, don't respond. Get it right, and this is the last time you will deal with them - they will no longer be your problem.
Be humane - treat people sympathetically if possible - without conveying anything positive about conduct/capability. They are losing their job and income. They are frightened, angry, upset, devastated - and you have to deal with it. Sympathise with their predicament without commenting on the cause. Being calm and softly spoken can negate trauma. It also decreases unpleasantness - it's harder to abuse someone who is being nice to you.
Recommended action:
·Have a policy, publicised to all staff, and signed for receipt by all.
·Have the policy legally checked by an expert.
·Always prepare.
·Remember the way you terminate someone can be legally unfair, even if the grounds are perfect.
About the Author
Julie-Ann Amos is a professional freelance writer, coach/facilitator and consultant, working internationally. She has worked in the military, public and private sectors, for small ad large organisations. She is the author of a number of books on management topics, and lives in London, UK. For more information, visit www.hackingreality.com
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