Sample Standard Contractual Terms;Termination, Discipline and Grievance
The employer reserves the right to terminate the employment at any time by reason of any of the following:
- failure to carry out reasonable instruction
- where market conditions alter such that the requirement for the particular skills or expertise of the employee are diminished or eliminated
- any other substantial reason
Examples of misconduct:
Theft, fraud, or interference with Company or other employees’ property without permission; Assault on another employee or client of supplier or any serious threat of physical violence; Serious breach of the Company security and confidentiality rules; Conviction of a criminal offence that in the opinion of the Company would adversely affect the operation of the interest of the business; Sexual harassment; Disclosure of confidential (secret) information; Bullying of another employee; Use of illegal and/or unprescribed drugs.
Except in circumstances justifying immediate termination of employment, the employee is entitled to receive one month’s notice from the employer or such longer period as is provided for in the Minimum Notice and Terms of Employment Act 1973/1991. The employer reserves the right to pay salary in lieu of notice. The employee is required to give one month’s notice of termination of employment to the employer, such notice to be given in writing.
In the event of termination other than during the probationary or extended probationary period or by reason of redundancy the following procedure shall apply before a decision to dismiss the employee is taken:
- a full investigation will be carried out by the employer, the employee may be suspended with or without pay pending such investigations
- the employee will be informed of the reasons for the proposed dismissal, and will have the right to state his case
- the employee may appeal to the chairman of the Board of Directors if a decision is taken to dismiss him at the conclusion of the above
- certain serious breaches of company rules or customer practice, may result in dismissal without notice or payment in lieu of notice
In the event of redundancy the method of selection will be as set out in the Employee Handbook
Termination of employment 2
If you wish to terminate your employment with the company, you are required to give X weeks notice.
Should the company wish to terminate your employment, for any reasons other than gross misconduct, you will be entitled to statutory notice.
The company reserves the right to make deductions from final pay for any monies due to the company or in lieu of company property not returned.
Disciplinary Rules and Disciplinary procedure
Infringement of the terms of this contract, or of established company rules, can lead, depending on the gravity of the breach, to disciplinary action being taken by the company.
Where the company is considering disciplinary action, the employee will be advised in advance of the nature of such action, given every opportunity to respond to any charges being made and may be accompanied by a work colleague/representative at any disciplinary meeting.
Where the performance of any individual warrants discussion, this will take place by way of an informal meeting with HR and subsequent performance monitoring.
Should a matter warrant investigation, the employee may be suspended, with pay, pending the outcome of the investigation.
Should be necessary for the company to take disciplinary action against an employee, in normal circumstances the following stages will be applied;
Stages of the Employment Disciplinary Procedure
Stage One – Warning
This initial step is a discussion between the employee concerned in your supervisor. The employee will be informed of the area of their job performance, personal conduct, attendance, or other work-related activity, that is below standard and they will be advised of the action required to correct the fall. The supervisor will inform the employee concerned that this is an official warning, a written confirmation of which will be retained personnel file and will remain effective for a period of six months.
Stage Two – first written warning;
If it is necessary to take further disciplinary action within the effective period of the date of issue of the verbal warning, the employee concerned would be informed of same in an official first written warning will be issued to them by their supervisor, a copy of which will be placed on their personnel file. This warning will remain effective for a period of one year
Stage three – final written warning;
if it is necessary to take further disciplinary action, within the effective period of the previous warning the employee concerned will be informed of the gravity of the matter will be issued with a final written warning by the supervisor-a copy of which will be placed on the employees personnel file. This warning will remain effective for a period of one year.
If it is necessary to take any further disciplinary action, within the effect period of the previous warning the employee concerned, having been informed of the situation, may be dismissed from the company.
Generally the steps in this procedure are progressive. However, the company reserves the right to use any stage in this procedure, or omitted any stage in this procedure should the misconduct be serious enough to justify this.
When employees involved in gross misconduct, the company may determine that the employee should be dismissed without reference to any of the stages of the disciplinary procedure. Before such determination, however, the company will conduct a full investigation into the matter and the employee may be suspended-with or without pay-pending the conclusion of such an investigation.
- Acts of gross misconduct construed as being delivered acts by you, or the negligent failure to act, to the detriment of the company.
- Examples of gross misconduct are as follows;
- Gross incompetence/negligence
- Physical violence or threatening behaviour
- Deliberate damage to company property
- Falsifying company documentation
- Deliberately poor work performance
- Sexual harassment
- Consuming are being under the influence of alcohol, drugs or other abusive substances whilst at work,
- Sleeping whilst on duty
- Taking of company property without authorisation
- Wilful or deliberate absence from duty
- Breach of confidentiality
- Flagrant or deliberate disregard for safety/health/hygiene precautions/procedure is likely to endanger any person.
NB – This list is not exhaustive.
Sample Disciplinary Procedure 2
The company is committed to ensuring your treated in a fair and equitable manner. We in turn expect you to make the same commitment to us. Our expectation from you as your full commitment to the job, that you exercise care and effort in all aspects of your work and that you respond positively to conduct guidelines and job performance feedback given by. If the standards of your work or conduct fall below acceptable standards the following procedure will be adopted;
Stages of the Disciplinary Procedure
Step one; informal meeting/employee job chat
If the issue involves minor misconduct, poor performance or minor breaches of rules and informal meeting will take place between the employee and their Department. The aim of this meeting is to talk to the employee and for inform him or her that failure to improve or if a repeater escalation of the issue hours this will result in formal disciplinary procedure being issued initiated. This must be noted are appropriate forms given to human resources.
These meetings are designed as constructive feedback sessions held between the manager and the employee. They are not deemed as a disciplinary. There used to cancel the employee and the system in improving the conduct to avoid formal action being taken against them.
Step two; verbal warning
An initial incident of unacceptable conduct or performance result will result in a disciplinary meeting being held whereby all the facts will be considered and may result in the employee being issued a verbal warning. The employee will be provided with a copy of the warning which will also be placed on the employees file and will remain active for six months.
Step three; first written warning
Further unacceptable performance or conduct will result in a disciplinary meeting being held whereby all the facts will be considered and may result in the employee being issued with a first written warning. The employee will be provided with a copy of the warning which will also be placed on their file and will remain active for 12 months.
Step four; final written warning
If unacceptable performance or conduct continues; a disciplinary meeting will be held whereby all the facts will be considered and may result in the employee being issued with a final written warning. The employee will be provided with a copy of the warning which will also be placed on their file and remain active for 12 months.
Step five; dismissal
There are two types of dismissals;
- Procedural dismissal – this occurs when the employee has been issued with previous disciplinary warnings to final written warning stage and the agreed improvement plan is not been adhered to by the employee. A disciplinary meeting will be held whereby all the facts and previous warnings will be considered and may result in the employee being dismissed, with pay in lieu of notice.
- Summary dismissal – this occurs when there is a serious breach of company rules a practice known as gross misconduct. A full investigation may be required in the employee may be suspended with a without pay during this process. A disciplinary meeting will be held where all the facts outcomes of the investigation will be considered and may result in the employee being dismissed without notice or pay in lieu of notice.
The decision to dismiss may be appealed in writing to the human resources manager within 10 working days of the date of the meeting.
Normally employees will not be dismissed exact except after the warnings mentioned above, but are serious matters including gross misconduct and those where a warning is not relevant, an employee may be dismissed without any warning.
Alternatives to dismissal
if it seems appropriate in the circumstances, the company may, instead of dismissing the employee, take some other disciplinary action such as suspension with or without pay, demotion, transfer to some other place or type of work loss of privileges.
An employee may be suspended without pay for a period of time;
- during the investigation of any alleged misconduct or incompetence
- if it is necessary to remove an employee from company premises for his or her safety
- if it is necessary to remove an employee from company premises for the safety of others.
The suspension will be for no longer than is reasonably necessary to investigate the matter, but the company may, at its discretion, extended until the conclusion of any criminal proceedings against employee.
If, as a result of the investigation, the company is not satisfied that the employee was at fault, his or her suspension shall be removed and if suspended without pay he or she would be paid the normal remuneration witchy here she would have received during the period of suspension.
In all circumstances the decision whether the employees suspended with or without pay during a period of suspension or part thereof shall be at the discretion of the company.
Formal Investigative Procedure
The formal disciplinary procedure will be initiated for the informal meeting process has been unsuccessful or if it is considered that the incident is serious enough to warrant immediate formal action. The employee will receive a letter from human resources at least one day prior to the hearing stating;
- The time and place of the disciplinary hearing
- The right to have a work colleague present
- If an investigation is taking place
- Details of the complaints
- Whether the employees being suspended with pay during any possible investigation
- The right to present any information sporting his or her case
At each stage the warning will detail the improvement required, the period of time with in which a sustained improvement is to take place and were confirmed in any failure to achieve the required standard will result in further disciplinary procedure.
And every stage may be accompanied by another employee who may speak for you. Minutes will be taken of each meeting and copy supplied you and request. Human resources can resolve the issue the matter may be referred in writing by way of appeal to the senior manager or director of the company.
The Company reserves the right to skip any stage of the procedure.
Sample Grievance procedure
employees grievances should be first brought to the attention of the employee supervisor.
It is inappropriate to discuss the issue of concern with that person, the matter may be discussed correctly with the manager responsible for interrogation. Or work colleague may company the employee during the grievance hearing if desired.
A report of this discussion will be issued to all present. The manager hearing the complaint has a responsibility to attempt to resolve the issue.
Should the matter remain unresolved or the response is in adequate, the issue will be forwarded to senior director.
The managing director will make the final decision on grievances, which are not resolved to the satisfaction of the employee.
A decision by the managing director may be appealed to a rights Commissioner, employment appeals Tribunal or the Labour court as appropriate.
Should the grievance arise from any form of harassment or intimidation, the employee has a duty to inform his or her supervisor. Grievances of this nature will be dealt with as per the company bullying, harassment and sexual harassment policy and procedure.
Sample Grievance procedure 2
Should you wish to make a formal complaint regarding your job, management or working conditions or the conduct of another employee for whatever reason, please speak to the HR manager directly.
You will be advised of the correct procedure and advised to write a formal letter of complaint. The matter shall then be investigated by the Company. Thus, the matter should be treated as a private matter and not be discussed with your colleagues. Grievances should only be raised by the employee, and not by a parent, spouse or non-member of staff.
We believe the good communication, openness and willingness to cooperate and listen will help to address most work-related issues and grievances effectively and efficiently. The purpose of this policy is to ensure that all employees have a means of addressing any problems or concerns they may have and to do so quickly and fairly by addressing them directly to the Company.
Unless we are aware of an issue we can’t resolve it. As such the priority should be to notify the Company as soon as an issue or problem becomes known.
The Company accepts its responsibility to deal promptly and fairly with grievances relating to employment and arising in the normal functioning of the business. The Company also reserves the right to involve an independent arbitrator or mediator in assisting in the handling of formal grievances in order to provide an objective viewpoint.
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Important Note: The above procedures are samples only and not intended as legal advice and as such should not be relied upon the content of this site is not recommended as a substitute for legal advice and as such employment matters accepts no responsibility in relation to these and the above does not constitute legal advice.
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