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The aim of this report is to look into the process taken to terminate the employment of an individual from Safaricom Corporation following the right procedures (Lewis 96). By examining information provided by the corporation on the recent termination of ten employees from different departments, the report describes the distinctive features between fair and unfair dismissal of workers within the organization. The report also considers the importance of conducting exit interviews for both parties and the main steps to be followed by the company in managing redundancies among the employees.
Fair and Unfair Dismissals
A fair dismissal involves the elimination of a worker from employment according to the laws of the company, which can occur with or without notice. The laws necessitate that a reasonable explanation for the dismissal is given. For a fair dismissal, the disciplinary procedure leading to the termination of employment must conform to the values of fairness and justice (Vettori 209). In any case, the workers should receive a fair dismissal on grounds relating to the person’s qualifications for the job, their conduct, or constitutional view regarding the cause of dismissal.
For instance, Safaricom Limited Company has a clear phone use policy that prohibits the employees from using their handsets devices during work hours. Jane, a customer care employee, was dismissed without notice when she was found using her cell phone to chat with her boyfriend instead of serving the customers.
On the other hand, unfair dismissal occurs when the worker’s employment is terminated unjustly. Such a dismissal does not comply with the terms and conditions set in the employment’s contract and government regulations (Chelliah and D’netto 483). For example, if there was no clear and concise policy on the use of phones in the corporation, Jane could have taken legal action against Safaricom Limited for unfair dismissal.
Importance of Exit Interviews to Both Parties
The exit strategy from employment must follow a strategic approach as per the standards accepted in all organizations in order to prevent the abuse of employee’s rights. Exit interviews are assessments conducted by the management with the worker(s) who are sent-off from an organization. They are carried out by selected personnel from the company or a third party so as to encourage honesty and transparency during the exercise (Dingwall 305).
Conducting exit interviews is vital for the corporation and the ex-employee. These interviews provide an opportunity to discover the strengths and weaknesses of the company’s management. This discovery assists those in charge of the corporation to know how they can satisfy and retain their workers. On the employees’ side, the interviews help them get honest explanations on why they are leaving the organization.
Through this process, justice is expressed as workers are given a chance to express their perspective and leave the company, knowing that their case is heard and determined fairly. The process also allows both parties to end the relationship in a proper manner such that the company collects its properties from the worker, and he receives his pay and benefits (Jurkiewicz and Giacalone 1).
The Key Stages Followed in Managing Redundancies
Redundancy is regarded as a unique form of dismissal, which occurs when an organization needs to reduce its workforce. However, according to the statutory laws that protect the employees, there must be a process followed to ensure fair dismissal (Kelly, Schaan, and Joncas 11). The procedure takes place in various stages:
- Preparation: Assessment is done to determine whether redundancy is the only option. At this juncture, proper documentation is laid down and the time required in conducting it is determined.
- Selection: A list of employees deemed to face redundancy is generated using a fair criterion.
- Employee Consultation: All employees being made redundant are addressed at an individual level as per the company’s constitution, where an explanation is given as to why they were selected for redundancy.
- Notice and appeals: Notices are given to those facing redundancy, and they are allowed to appeal if necessary.
- Termination Process: It is the final stage where the workers are granted all necessary statutory redundancy payments depending on the years of service in the organization.
This report has acknowledged both fair and unfair dismissal of workers from Safaricom, and the related examples have been provided. The significance of exit interviews with the employees and the company’s management is also stated. The report has further elaborated on the five essential stages of redundancy. Communication has been recognized as the best way to implement fair dismissals of workers in organizations.
Chelliah, John, and Brian D’netto. “Unfair Dismissals in Australia: Does Arbitration Help Employees?” Employee Relations 28.5 (2006): 483-95. Print.
Dingwall, Rita. “Exit Interviews: Good Practice and Good for Business.” In Practice 34.5 (2012): 305-08. Print.
Jurkiewicz, Carole, and Robert Giacalone. “Exit Interviews.” Wiley Encyclopedia of Management (2015): 1. Print.
Kelly, Micheal, Jean-Louis Schaan, and Helene Joncas. “Managing Alliance Relationships: Key Challenges in the Early Stages of Collaboration.” R&D Management R and D Management 32.1 (2002): 11-22. Print.
Lewis, David. “Variation, Breach, and Termination of Employment.” Law Revision and Study Guide Employment Law Concentrate (2014): 96-106. Print.
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Vettori, Stella. “The Role of Human Dignity in the Assessment of Fair Compensation for Unfair Dismissals.” Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad Potch Elekt Regs 15.4 (2013): 209-98. Print.