Workshop addresses termination missteps

The Society for Human Resource Management in The Bahamas (SHRM Bahamas) has teamed with Blue Chip Consulting to stage a seminar on employment law.

The event, designed to address the challenges Bahamian companies face in mishandling terminations, focused on the fundamentals of both wrongful and unfair dismissals.

Featured speakers included Justice Simone Fitzcharles, a Supreme Court judge; Lakeisha Strachan-Hanna, partner at Harry B. Sands, Lobosky & Company, and Eddie Noelus, labour advocate.

The Society and Blue Chip, itself a human resources consulting firm, said terminations are not solely the preserve of human resources. It added that they are a shared responsibility involving company executives at all levels down to front-line supervisors, and said it is essential that all understand the relevant employment laws and comply with internal policies and procedures when managing terminations.

The two companies explained that, given litigation in The Bahamas can be extremely costly, companies must be proactive in managing terminations. The workshop equipped participants with tools and information to manage terminations effectively, and demonstrated how to minimise legal risks and promote best practices.

Some of the practical advice provided by the presenters included:

* Ensure the termination decision is based on all relevant facts and that there is sufficient evidence

* Follow the company’s disciplinary and other internal procedures

* Maintain comprehensive documentation when issues arise

* Ensure that an employment contract exists

* Adhere to the terms of the employment contract/industrial agreement

* The allegations should be clear, and the employee should be notified

* Compile witness statements

* Conduct a reasonable investigation

* Ensure natural justice was observed - that is, the employee had an opportunity to respond

* Provide an appeals process

* Where appropriate, have an independent decision-maker

* Ensure that dismissals are handled with dignity and respect

* The evidence must support the conclusion or decision reached

* The burden of proof rests with the employer if the dismissal is challenged

Denise Knowles, SHRM Bahamas president, said: “I was proud to partner with Blue Chip Consulting with this vital initiative. This masterclass on dismissals and wrongful terminations was designed to equip leaders at every level with the knowledge and tools necessary to navigate these complex situations lawfully and fairly, and I believe we achieved that objective.

“As leaders, we were reminded of the legal framework and to follow clear procedures that protect both employees and businesses. I am proud that through this workshop, we have strengthened the capacity of our local workforce to handle terminations with professionalism, transparency and respect.

“SHRM Bahamas and its partners like Blue Chip Consulting remain committed to supporting the professional development of HR practitioners and organisational leaders to contribute positively to workplace standards and employee relations nationwide.”

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