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Attorneys provide guideline to dismissing employees

Sunday, November 27, 2011


EMPLOYERS and human resources personnel were introduced to the "The New Rules of Employee Dismissal" at a Wednesday Morning Seminar hosted by Myers, Fletcher & Gordon, (MF&G) at the Jamaica Chamber of Commerce (JCC) at the Jamaica Conference Centre recently.

MF&G attorney-at-law and partner Gavin Goffe differentiated between wrongful and unfair dismissal before getting into legal principles he considers to be the new rules of employee dismissal. Goffe then set out guidelines to ensure that dismissal practices are in keeping with the law.

The rules mentioned were: review employee contract regularly; have a disciplinary policy; termination without cause does not mean termination without consequences; termination with cause does not mean termination without notice; know the notice rules; assess performance regularly, and finally avoid redundancies at all costs.

A recurring topic at the Wednesday Morning Seminars is the importance of well constructed contracts in order to work in the best interest of all parties involved, and this month's presenter did not fail to stress same. Some key elements mentioned by Goffe include compliance with the law, inclusion of termination clauses, incorporating disciplinary policy by reference and reserving employer's rights. He also highlighted the importance of paying attention and adhering to set timelines when dealing with warnings, probations, contracts and dismissal notices.

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