This is a continuation of my previous post Managing Problem People
IF THE WORST COMES TO THE WORST
Sometimes. things may get so bad that you fell you have no option but to sack a subordinate or to refer the matter to a higher manager with the authority to sack him. This should only be a last resort. However tempted you might be in a moment of fury, don't event threaten dismissal, let alone order it, until you have thought through the implications. Have you tried reasoning with the unsatisfactory subordinate? Have you reprimanded him? Have you discussed the problem with your colleagues? And with him?
If you really think a parting of the ways is necessary, have an honest talk with your subordinate. Suggest that he "would be happier elsewhere", that it would be good for both of you to "part by mutual consent". In other words, invite him to resign. Only if this fails, should you think of giving him the sack.
The procedures for dismissing an employee are generally stated or implied in his employment contract. By law, these will provide for a minimum period of notice from the moment when you inform your subordinate of his dismissal to the moment when it comes into effect during which time he is entitled to receive full pay. According to some contracts, you must give him notice in writing. Be sure to study a copy of his contract.
Be careful also to avoid anything that might give your subordinate a claim for "wrongful dismissal" or "unfair dismissal". Give him clear reasons for his sacking in writing, to be on the safe side. Be sure that these reasons are clear and accurate, and that they clearly justify the action you have taken.
Some offences embezzlement, for instance, theft at the workplace, deliberate vandalism, or violent assault on a superior justify "summary", on-the-spot dismissal without notice. Even in these cases, however, you should put in writing your reasons for the sacking, and include them in a follow-up letter to the sacked employee
One last word: no matter what provoked the dismissal, do try to part company on civil terms. No one enjoys getting the sack, but so long as the ex-employee feels he was given a fair hearing, he represents little danger to your company. An embittered ex-employee, on the other hand, remains a constant threat he might speak ill of your company at every turn, or even try to damage its property or products.