La 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.
There are occasions when a company dismisses an employee, acknowledging at that very moment that its decision is unlawful. It therefore assumes that it will have to either re-admit them, paying back wages, or compensate them.
The second option is what companies usually take at this point. However, the employee might not agree and prefer to get their job back. In that case, the way forward is out-of-court settlement (SMAC) for unfair dismissal.
The acronym SMAC refers to the Mediation, Arbitration and Conciliation Service. There, a process will be initiated in which the aim is to reach a pact:
The employment relationship will be terminated at that point, when both parties agree on the terms of what they consider a satisfactory agreement. But what had happened in the workplace to reach this point? How did the relationship between employee and employer evolve?
Motivation and dismissal in a company are two concepts that are usually related, although, in reality, it's more the lack of motivation than motivation itself. When this absence occurs, it's noticeable in the decline of productivity and commitment. The worker performs less because they can't find a reason to keep fighting for those business objectives that they no longer consider their own. The bond between the organisation and the employee weakens and, as a consequence, delays, unauthorised absences, workplace conflicts and other problems can occur, which, in the end, could lead the employer to consider dismissal as a solution.
However, the, Is it possible to avoid meeting with the employee at the SMAC conciliation for unfair dismissal?.
The way to achieve this is by taking the pulse of their motivation, checking that their workload is appropriate, that they are satisfied with their career plans and feel comfortable in their team.
The company must foster a culture of participation and trust, where every employee feels valued. This strengthens the bond that unites them. One way to achieve this is through flexibility.
There are many ways to promote flexibility in the organisation, such as:
In this last case, the employee's changing needs are taken into account., therefore, it is a highly recommended solution for all types of templates, in any business model.
