This document is designed for use in Irish employment contexts when terminating an employee's contract due to poor performance. The Termination Due To Poor Performance document must be used only after a documented performance improvement process has been followed and failed to achieve the required improvements. It incorporates key requirements under Irish employment law, including the Unfair Dismissals Acts, Minimum Notice requirements, and fair procedures principles. The document should be used in conjunction with a complete performance management record and must demonstrate that the employee was given adequate opportunity to improve and received appropriate support. It includes specific references to previous performance discussions, clear grounds for termination, notice period details, and information about appeal rights, ensuring compliance with Irish statutory and common law requirements for fair dismissal.
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1. Employee and Company Details: Full names, addresses, and relevant employment details of both parties
2. Previous Performance Management History: Summary of performance issues, previous warnings, and improvement plans
3. Grounds for Termination: Clear statement of specific performance-related reasons for termination
4. Notice Period: Specification of notice period or payment in lieu of notice
5. Final Pay and Benefits: Details of final salary, unused annual leave, and benefit arrangements
6. Company Property: Requirements for returning company property and handling of company information
7. Appeal Rights: Information about the employee's right to appeal the decision and the process
1. Garden Leave: Include when the employee is being placed on garden leave during the notice period
2. Post-termination Restrictions: Reference to existing restrictive covenants if applicable in the employment contract
3. References: Company policy on providing references
4. Outplacement Support: Include if the company is offering career transition assistance
5. Medical Insurance Extension: Include if continuation of medical benefits is being offered
6. Settlement Agreement Option: Include if offering a settlement agreement in exchange for waiver of claims
1. Performance Review Documentation: Copies of relevant performance reviews and improvement plans
2. Meeting Minutes: Records of performance review meetings and warnings
3. Final Payment Calculation: Detailed breakdown of final payment including salary, benefits, and deductions
4. Company Property Checklist: List of company items to be returned
5. Appeal Procedure: Detailed explanation of the company's appeal process
6. Exit Process Checklist: Step-by-step guide for completing the termination process
Relevant legal definitions
Company
Employee
Employment Contract
Effective Date of Termination
Notice Period
Payment in Lieu of Notice
Garden Leave
Performance Improvement Plan
Final Payment
Accrued Benefits
Company Property
Confidential Information
Performance Standards
Gross Misconduct
Appeal Period
Working Day
Line Manager
HR Representative
Disciplinary Procedure
Performance Review
Written Warning
Final Written Warning
Statutory Entitlements
Exit Process
Post-Employment Restrictions
Return Date
Termination Payment
Employee
Employment Contract
Effective Date of Termination
Notice Period
Payment in Lieu of Notice
Garden Leave
Performance Improvement Plan
Final Payment
Accrued Benefits
Company Property
Confidential Information
Performance Standards
Gross Misconduct
Appeal Period
Working Day
Line Manager
HR Representative
Disciplinary Procedure
Performance Review
Written Warning
Final Written Warning
Statutory Entitlements
Exit Process
Post-Employment Restrictions
Return Date
Termination Payment
Clauses
Performance History
Grounds for Termination
Notice Period
Final Payment
Company Property Return
Confidentiality
Data Protection
Post-Employment Restrictions
Non-Disparagement
Reference Provision
Appeal Rights
Full and Final Settlement
Tax Implications
Continuing Obligations
Garden Leave
Benefits Termination
Exit Procedures
Legal Representation
Severability
Governing Law
Acknowledgment and Acceptance
Grounds for Termination
Notice Period
Final Payment
Company Property Return
Confidentiality
Data Protection
Post-Employment Restrictions
Non-Disparagement
Reference Provision
Appeal Rights
Full and Final Settlement
Tax Implications
Continuing Obligations
Garden Leave
Benefits Termination
Exit Procedures
Legal Representation
Severability
Governing Law
Acknowledgment and Acceptance
Relevant Industries
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Hospitality
Telecommunications
Public Sector
Non-Profit
Media and Entertainment
Transportation and Logistics
Relevant Teams
Human Resources
Legal
People Operations
Employee Relations
Compliance
Senior Management
Relevant Roles
HR Manager
HR Director
HR Business Partner
Employee Relations Manager
Legal Counsel
Line Manager
Department Head
Operations Manager
General Manager
Chief Human Resources Officer
People Operations Manager
HR Compliance Manager
Employee Experience Manager
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