17 February 2021

Conciliation SMAC for unfair dismissal

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Table of contents

The conciliation SMAC for unfair dismissal is one of the avenues open to workers who have just received notice of the termination of their contract. It is the alternative to legal action, a suitable option for those who are seeking reach an agreement with the company, instead of filing a lawsuit.

When should the SMAC conciliation for unfair dismissal be considered?

There are occasions when the company dismisses an employee and recognises, at the same time, the unfairness of its decision. It assumes, therefore, that it must either reinstate the employee and pay the processing wages or compensate him or her.

The second option is the one that companies usually take at this point. However, it may be that the worker does not agree and prefers to get his or her job back. In this case, The path to follow is the SMAC conciliation for unfair dismissal.

The acronym SMAC refers to the Mediation, Arbitration and Conciliation Service. There, a procedure will be initiated in which the aim is to reach a pact:

  • Whether the employee eventually returns to work or not. This may be their preferred course of action, but they will need to assess whether it is in their best interests under the circumstances.
  • The amount received as compensation, to be agreed between the parties with the assistance of the professionals involved in the SMAC conciliation proceedings for unfair dismissal.
  • The amount that the employer will have to pay, in case he owes something to the employee (we are talking about amounts for labour concepts).

The relationship between the employee and the company will end at that point, when both parties agree on the terms of what they consider to be a satisfactory agreement. But what had happened in the workplace to get to this point? How did the relationship between employee and employer evolve?

Motivation and dismissal in the company

Motivation and dismissal in the company are two concepts that are often related, although, in reality, more than motivation is the lack of it. When there is a lack of motivation, productivity drops and so does commitment. Employees perform less well because they no longer find a reason to keep fighting for those business objectives that they no longer consider their own. The link between the organisation and the employee is weakened and, as a result, can lead to delays, unjustified absences, workplace conflicts and other problems that may ultimately lead the employer to consider dismissal as a solution.

However, the, it is possible to avoid the meeting with the employee in the SMAC conciliation for unfair dismissal..

The way to do this is by taking the pulse of your motivation, checking that your workload is adequate, that you are satisfied with your career plans and that you feel at ease in your team.

The company must fostering a culture of participation and trust, where every employee feels valued. This strengthens the bond between them. One of the ways to achieve this is through flexibility.

There are many ways to promote flexibility in the organisation, for example:

In the latter case, the changing needs of the employee are taken into account., This makes it a highly recommendable solution for all types of templates, in any business model.

Edenred Spain

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