Internal Use only 

HR Advisory Notice 12 – HR Processes for Letting a Person Go

Date: 

Subject:  HR Processes for Letting a Person Go 

Distribution:  SIL Area HR leaders – Forward  to all HR staff and Unit leaders and Unit HR teams

Alliance Representatives – forward to Organisation and your team members

Cc: HeRMiTs where appropriate, please forward to your teams 

Background:

This advisory supports Advisory Notice 10 to line managers about letting people go. There have been unclear expectations between line managers and HR departments on who does what and how it is done. Greater consistency means staff are cared for, processes are used, and less likelihood for appealing the decision. 

Advice:

The HR and the Unit Director must be in agreement that person x needs to be dismissed.It is desired that the Line manager is also in agreement but ultimately the Unit Leader (or HR Leader where its delegated) has to give approval. 

This notice covers the occasions where a staff person:

1. Is being told to Leave their position has ended (but could remain in the Unit)
2. is being told to leave there is not an assignment for them in the Unit
3. Is not being invited to return.

This notice covers the reasons for someone leaving as:

1. Not fitting the role or team
2. Not being competent for the role
3. Disciplinary behaviour where there is no need to conduct a response to any report of inappropriate behavior (such as a workplace inquiry)

This notice covers:

1. Seconded staff 
2. Paid staff
3. Volunteer staff

The dismissal of staff is never easy. An additional reality is that there are slightly different steps in the process depending on staff type. Different processes should be used if the staff person is seconded from a different organisation  or is a direct volunteer or direct hire with the SIL unit. 

It is essential to document all actions the organisation has taken in addressing and correcting breaches to the Staff Behavior code of conduct or other unacceptable behaviours, prior to the termination process. Termination-of-employment-letter-template is  a good template. The longer an unacceptable behavior continues the greater the likelihood for the behavior to become a habit, sought by the person as acceptable, and/or entrenched by the person. This also means the harder the process will be for the person, HR person, line manager, and Unit.

Managers and leaders desire to cultivate a healthy workplace environment.  They can take precautions to prevent unhealthy personnel issues from developing. Specifically for how to assist a person to correct the situation or, when that has not been successful, to end an assignment in a healthy way:

• Never rush the  ending of a staff person’s assignment.
• Working with HR includes ensuring:
  • Steps toward resolving the concerns have been taken to provide for improved behavior, communication, attitude, etc.
  • Clear communication is provided to the staff person both verbally and in writing
  • The sending organization, where applicable, is included in the conversation – when and how.
  • All communication with the staff person, both verbal and written, is documented and securely maintained.
  • All relevant parties are apprised of the situation and included in communication and decision-making. 
  • All relevant parties are present at meetings related to the situation.
  • Questions from the staff person are answered during the meeting(s) of relevant parties. Note that questions of a destructive or abusive nature do not require a response.
  • Access to all applicable SIL systems is removed
  • Access to local security can be arranged when there is concern that the staff person could become aggressive. HR Resource document to prepare for the possibility of strong emotions.
  • The return of SIL keys, passes, badges, equipment, and all other noted SIL property
  • Required or relevant next steps are identified or taken, such as tax information, final payment,  sending organization’s next steps, to name a few.

Each staff category group is explained below:

Directly Employed staff

There are three important principles:

1. SIL is committed to treating all staff fairly., Ensure proper steps and protocol have been taken even if the SIL HR worker or manager is accused of abuse or threatened with actions against SIL.  Managers or leaders often hesitate to take action against a person that is abusive or threatening to them as a leader because of their perception of Scriptural mandates to love your enemy, turn the other cheek, and give a person your coat if they ask for your shirt. There is a need to balance Jesus’ call to love those who spitefully use you with allowing a person to continue in sin by not addressing their abusive or threatening behavior with others.
2. There must be a full consultation with HR. HR should seek local legal advice. Funding spent prior to a dismissal is far less expensive than defending a legal situation after a dismissal.
3. Dismissal must be compliant with local employment law and most contexts have clear expectations and legal requirements about the dismissal of local staff.

There is debate around how much should or should not be said when dismissing a staff person. Christians desire to be honest, however legal advice may suggest saying less as the best approach.  Legal advice also states to use words carefully as the former staff person may use those words and action against SIL. 

We strongly advise:

• It is essential to have a script agreed between the HR department and the Manager. 
• Recognize what is going to be said (or not) and  who will do which part of the dismissal interview. 
• NB: Some of the items in the templated script may not be legal in your context. Check these things out with the lawyer! Link to appendix with employee script. 

Seconded or Volunteer Staff with SIL

There are three main principles to be considered:

1. SIL is committed to treating all staff fairly, so if in doubt ensure proper steps and protocol have been taken even if accused of abuse or actions against SIL.   Managers or leaders often hesitate to take action against a person that is abusive or threatening to them as a leader because of their perception of Scriptural mandates to love your enemy, turn the other cheek, and give a person your coat if they ask for your shirt. There is a need to balance Jesus’ call to love those who spitefully use you with allowing a person to continue in sin by not addressing their abusive or threatening behavior with others.

1. There must be full consultation with SIL HR if a manager has decided the seconded person is to be let go. There are at least three scenarios to consider:
   1. Immediate dismissal due to disciplinary situation (where there has been no need for a workplace inquiry) 
   2. Move to different position assignment: No longer a fit for the specific position assignment but a different one can work.
   3. FInishing term of service: No longer a fit for any assignment with the SIL Unit.

In all three instances, the person and their sending organization must have been part of the discussion and be told of the decision. 

This principle of ensuring both the staff person and their sending organization are aware of these decisions has not changed and is an integral part of treating staff fairly.  

1. A clear verbal and written communication plan outlining the reason the secondment relationship is ending must be prepared in advance of delivering the decision. This can be completed by the leader or manager, both together or both with the HR leader. It is suggested that the HR leader have key involvement in ensuring the plan is comprehensive. 
   1. Be clear about the reason(s) the staff person is being asked to leave their assignment. 
   2. In most cases relevant issues including behavior should be recorded in previous annual review summaries and also in administrative letters, as well as ongoing dialogue. 
      1. If this has not been done it doesn’t prevent taking the actions that are needed, but it leaves the door open to claims of discrimination or unfair practices or treatment.

Whilst there is some discussion on how much to say at a dismissional (for non-disciplinary reasons) there is a freedom to express appreciation and to be open and honest  about the discernment process that led to the decision. 

•  If the assignment change is due to mismatched skills, lack of team integration or other non-code of conduct issues,  these changes areNOT viewed as disciplinary.

Non-disciplinary actions can be appealed in the grievance procedures. (Note as of May 2019: This is still needing to be cleaned up and is on the list to be done! )

It is advised that a script be used as the basis of the discussion with the staff person. See the suggested Seconded or Volunteer staff script 

Actions requested of HR or SIL leaders:

Appendix 1 Template Script for Employee

Date of Meeting:

Line Manager 

[Employee name], thank you for meeting with us.

Add your own welcome and greeting

We are sorry to have here to inform you that your employment with SIL International will end on [Enter End Date]. The reason your employment is ending is due to [Enter Reason(s)].

I would like to take some time to thank you for your service to SIL. Thank you for [specific contributions]. In addition, I have appreciated your [positive character traits]. 

I wish you all the best in your future endeavours. [If manager is willing to personally provide a positive reference or letter of recommendation, do so here.]

[HR] is now going to go over with you the severance package and next steps. Thank you for your contributions to SIL and the [dept].

Do you have any questions for me?

HR

Thanks, [Manager].

[Employee], I’m providing you with two sets of documents. This letter notifies you of your termination, effective  [termination date]. You will receive payment in lieu of [# of weeks] weeks of notice, in accordance with your employment and/or contract and [applicable local legislation]. Within three days of your last day of work (that’s [date]), you will receive payment of all outstanding wages, unused vacation, and processed expenses. With respect to unsubmitted or unprocessed expenses, I’ll make sure that you’re reimbursed for all expenses up to and including today as long as you submit the expense reports to me by [deadline].

Use if appropriate in your context

The second set of documents is a settlement offer, what is typically called a severance package, and I encourage you to seek legal advice as you review it. As [Manager] mentioned, in addition to the termination notice which you are entitled to, we would like to offer you an additional payment of [weeks/months of pay] in lieu of notice. In order to accept this offer, you must sign a Release and return it to me no later than [deadline]. This additional payment will be deposited in your account on or before [guaranteed deposit date]. The [deadline] deadline is very important. It’s absolutely essential that I receive the signed documents no later than that date in order to process your severance. If you do not return the signed documents by that deadline, SIL will not provide a severance package.

[Arrangement regarding email and access to SIL corporate resources should be mentioned here.] 

I know that we just went through quite a bit of information. Do you have any questions for me? 

Please feel free to contact me via phone or email if you have any questions or concerns. I’ll try my best to make your transition as smooth as possible. 

[Employee], I want to reiterate what [Manager] expressed earlier: Thank you very much for all of your contributions to [organization].

[Manager] will wrap up now with some final comments, and also pray for you as you start a new chapter in your career. Afterward, we will go to your office so that you can pack up your things and I can pick up any [organization] property that you may have.

Manager

Prayer

Goodbyes

Manager exits, HR and Employee go to Employee’s office if applicable.

Appendix 2 Template Script for Seconded or Volunteer Staff Person

Line Manager 

[Staff name], thank you for meeting with us.

The reason that we have asked you to join us today is to tell you of a decision that SIL has made because [reason for termination. Explanation of what has been previously discussed or attempted]. The decision is that your assignment with SIL will come to an end, effective [ date]. (Adjust as needed, but best advice is if you are letting someone go, do it and make a clean end.) The decision has been made because [Insert tangible reasons which should not be a surprise to the staff person. This should include patterns of behavior, how they have affected the supervisor, other staff and the individual]

I would like to take some time to thank you for your service to SIL. Thank you for [specific contributions]. In addition, I have appreciated your [positive character traits]. 

I wish you all the best in your future endeavours as you move on from SIL. [If manager is willing to personally provide a positive reference or letter of recommendation, do so here.]

Do you have any questions for me?

HR person

Thanks, [Manager].

[Staff person], I’m providing you with two sets of documents. This administrative letter notifies you of your termination, effective  [termination date]. With respect to unsubmitted or unprocessed expenses, I’ll make sure that you’re reimbursed for all expenses up to and including today as long as you submit the expense reports to me by [deadline]. Your Sending Organisation has been informed of the change to your assignment status with SIL.

Use if appropriate in your context

[Arrangement regarding email and access to SIL corporate resources should be mentioned here.] 

I know that we just went through quite a bit of information. Do you have any questions for me? 

Please feel free to contact me via phone or email if you have any questions or concerns. I’ll try my best to make your transition as smooth as possible. 

[Staff person], I want to reiterate what [Manager] expressed earlier: Thank you very much for all of your contributions to [organization].

[Manager] will wrap up now with some final comments, and also pray for you as you start a new chapter in your career. (If applicable) Afterward, we will go to your office so that you can pack up your things and I can pick up any [organization] property that you may have.  (this section is only used in very rare situations where for security or safety reasons the person needs to be escorted off the premises, in most instances the person will need time to say goodbye to colleagues.) 

Manager

Prayer

Goodbyes

Manager exits, HR and Staff Person go to Staff Person’s office.

Appendix 3 

Letter of termination of employment (with notice)

Suggested steps for preparing a letter of termination

Before terminating an employee’s employment because of unsatisfactory performance and/or conduct, you should make every attempt to address the issues (this may take months). An employer operating at best practice may follow the steps below before terminating the employment of an employee.

If at any time you need more information or assistance, call the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au.

Step 1:   Highlight expected performance and behaviour standards

Performance and conduct issues often arise because employees do not understand what is expected of them.

An employer should:

·    make sure the employee clearly understands their role, the expected level of output or performance, and the expected conduct at work

·    provide the employee with regular performance feedback and inform him or her of any changes needed to his or her work or conduct

·    make sure managers and supervisors are equipped to handle unsatisfactory performance or conduct. This includes recognising the reasons for underperformance and providing feedback and training to employees.

For more information on addressing and managing underperformance, read the Best Practice Guide: Managing underperformance.

Step 2:   Identify and address the issue

Speak to the employee about any performance or conduct issues to avoid making assumptions about the situation. Identify exactly what the employee did or does that is unacceptable and what impact this has on the business.

Explain your intention in relation to continuing their employment and importantly set clear plans for the employee to follow in order for him or her to improve. This might include providing training.

In any formal meeting, the employee should be allowed to be represented or accompanied by a support person. When reviewing unfair dismissal claims, the Fair Work Commission may consider whether an employer unreasonably refused to allow an employee to have a support person at any discussion relating to their dismissal.

You should keep a written record of any meetings that you have with employees about their performance and/or conduct. You may wish to use the Recording details of a meeting template to do this.

Step 3:   Provide written warnings

Consider providing the employee with a written warning (or warnings) about the unsatisfactory conduct and/or performance. Providing the employee with a warning letter is useful because it:

·    sets out clearly what the issue is

·    guides the employee about what to do to improve

·    sets out the consequences should things not improve, and

·    becomes a formal record of the counselling you have done with the employee.

Template letters of warning are available at www.fairwork.gov.au/templates.

Step 4:   Create your termination of employment letter

If the issues in question are not or can not be resolved after the employee has had a reasonable opportunity to rectify the situation, you may decide to end the employment relationship. If you decide to terminate the employee’s employment, you need to give the employee written notice of his or her termination.

The letter of termination should:

·    outline the reasons for the termination of the employee’s employment

·    specify the notice period or if the employee will be paid in lieu of that notice

·    advise the employee of the last day of work, and

·    that some termination payments may result in waiting periods for Centrelink payments.

This letter of termination template has been colour coded to assist you to complete it accurately. You simply need to replace the red < > writing with what applies to your employee and situation. Some of the sections are optional because they might not apply to your employee and can simply be deleted. Explanatory information is shown in blue italics to assist you and should be deleted once you have finished the letter.

Step 5: Meet with the employee to provide the letter of termination of employment

The reasons for termination of employment should be explained to the employee and he or she should be given an opportunity to ask questions.

It is important to carefully explain the information in the letter of termination of employment and ensure that the employee understands.

You should keep a copy of the letter of termination of employment for your records.

Important: An employee may choose to submit a complaint or claim against you (e.g. unfair dismissal, discrimination) even if you follow these steps.

<Print on your business letterhead>

<Date>

Private and confidential

<Insert employee’s full name>

<Insert employee’s residential address>

Dear <insert name>

Termination of your employment

I am writing to you about the termination of your employment with <insert company/partnership/sole trader name and the trading name of business>.

On <insert date> you met with <insert name of others at the meeting>. In that meeting, you were advised that <insert advice given to employee regarding improvement of performance or conduct, for example any deadlines for improvement, new targets set etc>. You were issued with a formal <warning/counselling> letter on <insert date>.

On <insert date> you had a second meeting with <insert names of other people at the meeting> and you were advised that your <performance/conduct> had not improved to the level required. You were issued with a second <warning/counselling> letter on <insert date>.

You also attended a meeting with <insert name of others at the meeting> on <insert date>. In that meeting you were issued with a final <warning/counselling> letter. This letter indicated that your employment may be terminated if your <performance/conduct> did not improve by <insert date>.

<I/We> consider that your <performance/conduct> is still unsatisfactory and have decided to terminate your employment for the following reasons:

·    <Insert reasons relating to performance or conduct>

·    <Insert reasons relating to performance or conduct>

Based on your length of service, your notice period is <insert number> weeks. Therefore your employment will end on <insert future date to cover all of the weeks you need to give notice>.

Your employment will end immediately. Based on your length of service, your notice period is <insert number> weeks. In lieu of receiving that notice, you will be paid the sum of $<insert amount>.

You will also be paid your accrued entitlements and any outstanding pay, up to and including your last day of employment. This includes the balance of any time off instead of overtime accrued but not yet taken (paid at the overtime rate applicable when the overtime was worked), and superannuation.

If you have been paid annual leave in advance, any amount of annual leave still owing will be deducted from your final pay.

You may seek information about minimum terms and conditions of employment from the Fair Work Ombudsman. If you wish to contact them you can call 13 13 94 or visit their website at www.fairwork.gov.au.

Some termination payments may give rise to waiting periods for any applicable Centrelink payments. If you need to lodge a claim for payment you should contact Centrelink immediately to find out if there is a waiting period.

Yours sincerely,

 <Insert name>

<Insert position>

PLEASE KEEP A COPY OF THIS LETTER FOR YOUR RECORDS