How to Conduct the Dismissal Interview (Sample Warning Letter) - Just Cause / Swiss Law

Submitted by promind on Fri, 11/25/2011 - 08:46
Individual dismissals occur when a collaborator does not meet the requirements of the mission he/she has been given after his/her recruitment or rotation (including promotions) within the organization; it may also occur during the probationary period.

In any case, the aim of the dismissal interview will be to inform the collaborator of the decision that was made and of the reasons that have lead to it. It takes place in three distinct cases:

1) A discrepancy between the collaborator and the position is observed. This may have varied causes:

  • A lack of competencies or insufficient results: The collaborator is not able to meet his/her position’s requirements anymore (time management, customer management, technical follow-up…)
  • An inappropriate behavior (language, dressing, recurrent absenteeism…)
  • A difficulty to adjust to new processes (reengineering of his/her activity sector, change in production tools…)

2) A staff reduction is taking place: delocalization, financial difficulties, “rationalization” of production processes (such as regularly observed in the banking industry, for example)…

3) For just cause: In Swiss Law, the just cause is defined as “any circumstances under which the rules of good faith do not allow to demand that the party who terminated the work contract continue the work relation” (Art. 337 Swiss Obligation Code, unofficial translation). In most cases, it corresponds to a transgression of the terms of the employment contract or of the law itself.

Please note that, whenever the dismissal is not motivated by a just cause or by economic reasons, the respect of persons would dictate that written warnings be sent and that they be followed by interviews, so that an improvement goal may be set (with a deadline!). The dismissal itself should only occur after the 3rd warning.

All too often, people are dismissed without having ever been warned of the fact that their work didn’t give satisfaction to their employer anymore!

TOOLS

An assessment interview can thus provide the ideal framework in order to try and avoid the dismissal, by clarifying the causes for the dissatisfaction and setting up improvement goals. If those are not reached within the set deadlines, it will be necessary to schedule a second interview by sending a letter of warning (sample) specifying that this will be the last chance. Moreover, the following documents may prove useful during the interview itself:


You can read the full article on HR4free, our dedicated Human Resources Blog.