Leaving Policy
Policy brief and purpose
This policy describes the process followed when people stop being employed or contracted to work by Opus Works.
This document uses the term “termination of employment” regardless of the cause, so it could mean “leaving the company” or “retiring”.
The company is bound to handle any cases of termination of employment as dictated by law with discretion, professionalism and official documentation.
Scope
This termination/separation of employment policy applies to:
- Prospective employees
- Current employees
- Contractors
Policy elements
The company will observe all legal dictations referring to termination/separation of employment and will avoid “implied contracts” and unnecessary terminations.
Dismissal
The dismissal of an employee from their job duties may be categorised as voluntary or involuntary.
Voluntary dismissal may include the following: * Resignation * Retirement * Failure to show for a specified number of days without notice * Expiration or completion of contract
Involuntary dismissal may include the following: * Discharge for cause * Discharge without cause
Discharge for cause refers to immediate termination of employment due to an employee’s misconduct. Any kind of disciplinary action or progressive discipline that results in termination may be considered “for cause”. Other wrongful behaviours or actions that result in immediate dismissal are also considered “for cause”. Examples of such termination of employees include circumstances where an employee:
- Breaches their contract of employment
- Is discovered guilty of fraud, embezzlement or other kinds of illegal actions against the company
- Is guilty of discriminatory behavior or harassment
- Is guilty of unlawful or immoral behaviour on the job
- Is guilty of willful neglect of job responsibilities
- Is discovered to have caused intentional damage to company’s assets
- Continuously disregards company policy
The list is not exhaustive therefore, discharge for cause remains at the company’s discretion. It must however always reflect an unacceptable behaviour or action that violates legal or company guidelines and may result in financial and non-financial damages for the company, other employees or society.
Discharge without cause can occur when the company decides that the services of an employee are no longer needed. In general, this does not refer to an employee’s conduct. Reasons for discharge without cause may be layoffs, rearrangement of a department or redefining of a position.
In cases where an employee must be terminated without cause, the company is obliged to give notice a specified amount of time prior to the date of termination depending on time of service, age of employee or position. If the employee has to stop working before the date of termination, the company will still provide compensation for the time remaining, specified as “pay in lieu of notice”.
The company may compensate the terminated employee for accrued vacation time when appropriate. Severance pay may apply to cases of discharge without cause but not discharge for cause.
The company is bound by the law to refrain from wrongful dismissals of employees. Wrongful dismissal may occur in cases when:
- An employee is terminated unfairly for cause
- An employee is terminated without cause and is not given prior notice
- An employee is forced into constructive dismissal
The company expects all employees with the right of terminating subordinates to strictly refrain from discharging someone without adequate reason or without giving notice. Such an occurrence may be damaging for the company’s respectability and may result in disciplinary action. Discharge on grounds of discrimination or filed health and safety complaints is unlawful termination prohibited by legislation.
Constructive dismissal refers to an employee that has been forced to resign due to an employer’s intentional or unintentional unlawful or hostile behaviour (e.g. breach of contract). It will not be practised by any means by the company which is committed to maintain a relationship of honesty and fairness between itself and employees.
Procedure
In cases of resignation, the employee must submit an official written resignation letter to their Line Manager or a Director. A notice is expected by the employee consistent with the minimum notice requirement, so the company can arrange alternatives for handling the remaining workload of the position.
In cases of involuntary dismissal, discharge for cause justifies immediate suspension until the necessary documentation for termination has been gathered. In some instances, a termination meeting with the employee, their Line Manager and/or a Director may be scheduled.
In cases of discharge without cause, the employer must officially notify the employee of the termination a specified amount of time in advance. When severance pay is appropriate it will be officially stated in writing.
At all times, proper employee records will be kept containing all relevant documentation.
As per the Access Control Policy on termination of employment, access to Opus Works systems and offices will be rescinded and people asked to return access key cards and any other property belonging to the company.