Nice discussion of how the company might work with the employee through progressive discipline, and of how just cause dismissal could be implemented at the end of this process. Constructive dismissal is not recommended due to the risks associated with it. Barnetson indicates (in the study guide) that employers can lawfully terminate employment in three ways: just cause, non-culpable dismissal, and mutual consent, therefore, it would have been better to discuss non-culpable dismissal or mutual consent as your second option. See additional comments within (in red font). NOTE: comments will not be visible from your e-mail file viewer; you will need to download and open the file using a word processing program – e.g. MS word. Your assignment will contain written feedback, – if you can’t see this written feedback, please let me know. You may need to adjust your word processing program to view the comments. Please let me know if you have any questions. Best wishes, Evelyn
To: Senior Level Management
From: Dianne Wood, Human Resource Practitioner
Date: July 13, 2012
Subject: Termination of an Employee
It has been brought to my attention that one of our employees has been demonstrating mediocre performance and has a reoccurring attendance problem due to her child-care situation. A request to HR has been made to “ divest “ the organization of this “ problem employee.”(
The first recommendation of legitimate termination is Involuntary Termination. (These are terminations resulting from employment problems such unsatisfactory performance, excessive absenteeism or tardiness, or poor attitude.( In our case, mediocre performance and reoccurring attendance is the issue. Involuntary Termination – be more specific – in-between cases are dealt with through progressive discipline- is a part of a “ progressive step “ process which means that the employeer will be warned of their work performance and /or conduct( and given the opportunity to