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The Need for Dismissal Pay Strategies

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One of the most controversial elements of dismissal is the pay procedure strategy. The scheme used to arrive at how much, how long and when the dismissed employees should be paid is decisive in creating equilibrium for both wrongful dismissal and right dismissal. The problem with dismissal is not always the discontinuity of work, but how the employer is willing to settle the employee after the dismissal. A sound dismissal pay procedure should reflect an efficient, fair and equitable process that meets the requirements of state and federal law. In the case at hand, the dismissed employee, Nancy, is expected to enjoy; Payments made from a third-party company, Payments will be available to terminations for prescribed conditions and protection if she is in certain classes or social groups are also protected. On the same note, more provisions can be made for Nancy such as; pay as per the number of year worked, employee lifetime contribution to the firm and the position held in the company. Such benefits are likely to carry along the considerations of inclusion of outstanding wages, consisting of penalty rates and allowances, accumulate annual leave and annual leave loading entitlements, accumulated or pro-rata long-service leave (if applicable) and redundancy pay entitlements (if applicable).

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A dismissal pay strategy is aimed at securing a smooth end of relationship between the dismissed employee and the employer. Therefore, a willing employer can render three main benefits for Nancy in the dismissal pay strategy. The benefits are inclusion of accumulated annual leave and annual leave loading entitlements, accumulated or pro-rata long-service considerations and payment on basis of position held in the company. The above benefits can be arrived at to prevent any further conflict between Nancy and her employer and at the same time act as motivation strategy for the rest of employee who are still in working relationship with the employee. The motivation strategy is aimed at deterring the working employee from not having a bad image of their company.

Along the years that an employee has worked for a certain company, it is in their mind that the company should seek ways to safeguard the employee future financial security. This is based on the considerations that the employee may retire or get dismissed for various reasons. Fair Work Ombudsman (2013) observes that accumulated annual leave and annual leave loading entitlements have to be paid in case of dismissal. The accumulated annual leave and annual leave loading entitlements are key benefits that Nancy can enjoy as redeemable bonuses that will not be part of the calculations for the possible productive time input worked for the company.

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Daniel (2009) observes that the accumulated or pro-rata long-service considerations should be made in line with considerations made if the employee dismissal is in respect to frustration of employment contract or a agreed upon dismissal. Despite the condition or the cause of the dismissal, employee should be rewarded for the service or earlier loyalty submitted by the employee for the company.

Nancy can also benefit from the dismissal payment schedule if it considers the position that she held in the company. The benefit is almost similar to that of the accumulated or pro-rata long-service considerations, but does not necessary consider achievements. Under such criteria, Nancy can be compensated irrespective of lack of tangible achievements. The compensation will be a measure of how much value she was to the company on basis of authority rather than work. This will shield Nancy from compensation cuts for poor performance. Compensating on basis of authority takes away the question of dismissal for poor performance as described in Davies (2011).

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