Dismissal Procedure Policy

 

 

DISMISSAL PROCEDURE POLICY

 

INTRODUCTION

  1. The following procedure has been adopted by Mesarya Education House It applies to all employees of the institution.
  2. The procedure applies in cases where it may be determined that an employee should cease to work at the institution.
  3. The procedure does not, however; apply to cases of alleged misconduct or gross misconduct where the institution has adopted a separate disciplinary procedure.
  4. The procedure will therefore apply to cases of ill health, capability or redundancy.
  5. In these procedures:
  • “employee” means a person employed to work for MEH
  • “working days” refer to Monday to Friday of any week with the exception of statutory and extra-statutory public holidays

 

PROCEDURE

  1. In all cases where it is considered that it may be necessary for an employee to cease to work at the institution, the matter will be referred to the Principal (or Governors if it is the conduct of the Principal which invokes the procedure).
  2. Upon receipt of such notification, the Principal (or CEO in the case of dismissal of  the Principal) shall arrange a meeting with the employee in the presence of an independent witness.
  3. The Principal (or CEO in the case of dismissal of the Principal) shall notify the employee concerned of the employee’s right to make written or oral representations to the Principal (or Governors in the case of dismissal of the Principal) and of the employee’s right to be accompanied by an acknowledged staff representative, Trade Union representative or a work colleague of their choice.
    The notification of the date of the meeting with the Principal (or CEO in the case of dismissal of the Principal) shall be given to the employee at least 5 working days before the meeting, although lesser notice may be given with the agreement of the employee.
  4. The Principal (or CEO in the case of dismissal of the Principal) may announce his/her decision to the employee in person or subsequently in writing as he/she may determine.
    The Principal (or CEO in the case of dismissal of the Principal) shall confirm an oral announcement in writing within 3 working days of the meeting.

 

APPEALS

  1. An employee has the right of appeal against a decision that he/she shall cease to work at MEH.
  2. Any appeal should be made in writing, detailing the grounds on which it is made, addressed to the Principal (or Governors in the case of dismissal of the Principal) to  arrive  within  5 working days of the determination.
  3.  Two members of the institution’s Governors shall hear the appeal.
  4. The Principal (or CEO in the case of dismissal of the Principal) shall notify the employee of the appeals meeting and the employee’s right to make written or oral representations and to be accompanied by an acknowledged staff representative, Trade Union representative or work colleague of their choice.
  5. The appeals meeting shall take place at least 10 working days after the notification to the employee although lesser notice may be given with the agreement of the employee.
  6. The Managing Governors may reject the appeal and confirm the decision of the Principal or uphold the appeal.
  7. The Managing Governors may announce their decision to the employee in person or subsequently in writing as they may determine.
    An oral announcement shall be confirmed in writing by the Principal (or CEO in the case of dismissal of the Principal) within 3 working days of the hearing.
  8. The decision of the Managing Governors is final.

 

PERIODS OF NOTICE

The contractual notice of dismissal to an employee in writing, which for the avoidance of doubt is normally one term, except in the case of the principal and vice principal, where it is two terms.