Separation Policy

1. Separation of Employment

Separation of employment whether voluntary or involuntary marks the end of the employment relationship with the Dominica State College.   A voluntary separation occurs when an employee leaves the organisation on their initiative as with resignation or retirement.  An involuntary separation is initiated by the organisation and includes layoff, redundancy, or discharge.

1.1.  Purpose

The separation policy provides guidelines for the administration of the separation process of all staff at DSC, ensuring a smooth transition that respects the contributions of employees while supporting the operational needs of the college.

1.2.  Scope

This separation policy applies to all faculty, academic, administrative and support staff at the DSC.    

1.3.  Policy Amendments

DSC reserves the right to modify or amend this separation policy as necessary.  Any changes to the policy will be communicated to employees through official channels.

2. Voluntary Separation

A voluntary separation occurs when an employee leaves the organisation on their initiative due to resignation or retirement. 

2.1.  Resignation

An employee who decides to resign from a position at the DSC must give sufficient notice of their intention to leave, to allow supervisors and managers in the department time to assess their needs in replacing the individual, to allow time for processing of final payments and allow a reasonable time to hand over responsibilities to a replacement.

2.1.1. Notice period

• At least one month’s notice for support staff members,
• Two months’ notice of termination for Administrative Staff members
• Faculty and Academic staff will need to give at least two months’ notice and the prospective end date, in all instances, will be the end of the semester.

2.1.2.  Exit Interview

• The employee will be invited to attend an exit interview. This feedback will help improve workplace conditions and address retention issues. 

2.2. Retirement Policy Summary

This retirement policy establishes guidelines for the retirement of faculty, academic, administrative and support staff at the Dominica State College.  The compulsory retirement age is sixty-five years.  The Human Resources Department will notify employees at least six months in advance of their 65th birthday to advise them of the upcoming retirement process.   Employees have the option to retire before sixty-five (65), provided that the employee submits a written notice at least two month in advance.  The college will offer resources and support for retirement planning, including financial planning workshops and retirement counselling.  Opportunities for post-retirement engagement such as part-time teaching or mentoring may be available, depending on college needs and the retiree’s interest.  Benefits and entitlements for retirees are detailed in the employee handbook.

2.2.1. Purpose

The retirement policy provides guidelines for the administration of the retirement process of all staff at DSC, ensuring a smooth transition that respects the contributions of employees while supporting the operational needs of the college.

2.2.2.  Scope

This retirement policy applies to all faculty, academic, administrative and support staff at the DSC.    

2.2.3.  Policy Amendments

DSC reserves the right to modify or amend this retirement policy as necessary. Any changes to the policy will be communicated to all employees through official channels.

2.2.4.  Conditions and Adjustments:

• • Compulsory Retirement Age:   The compulsory retirement age for all staff is sixty-five (65) years.  The Human Resource department will notify employees at least six (6) before the attainment of their 65^th birthday.
  • Early Retirement:   Early retirement is available to staff over the age of 60 and who have at least 10 years of service, subject to prorate benefits. To opt for early retirement, an employee must submit a written notice of their intention to retire to the Human Resources department.
  • Notice of Early Retirement:  A minimum of two (2) month’s notice is required to process early retirement requests effectively, allowing adequate time for the transition of duties and responsibilities.
  • In all instances for faculty and academic staff, retirement or early retirement will take effect at the end of the semester of the year that the employee turns sixty-five (65) or at the end of their teaching cycle.  Retirement will not normally be effective during the semester to allow minimum disruption.

2.2.5.  Retirement Planning and Support:

• • The college commits to supporting employees approaching retirement age and can provide resources and planning services.  This includes access to financial planning workshops, retirement counselling, and information sessions designed to assist employees in making informed retirement decisions.
  • Employees are encouraged to begin consultations with the Human Resources department at least one year before their anticipated retirement date to facilitate a smooth transition.

2.2.6.  Post-Retirement Opportunities:

• • Recognising the valuable experience and knowledge of our retirees, the DSC may offer opportunities for retired staff to remain engaged with the college community. These opportunities could include part-time teaching, mentoring, or project-based consultative roles, subject to the needs of the college and the interests of the retiree.
  • Participation in post-retirement opportunities is not guaranteed and will be contingent upon the operational requirements of the college and approval by the relevant department heads.
  • Retiring lecturers who express an interest in continuing to teach may be considered for appointment as adjunct faculty.

2.2.7.  Benefits and Entitlements:

• • Retiring employees will be entitled to benefits as outlined in the employee handbook.  Specific details regarding eligibility and administration of retirement benefits will be provided by the Human Resources department.
  • The DSC encourages all employees to consult with the Human Resources department to fully understand their benefits and entitlements as they plan for retirement.

3.     Involuntary Separation

An involuntary separation is initiated by the organisation and includes layoff, redundancy, or discharge.

3.1.1.  Layoff

• • A layoff occurs when DSC terminates the employment of an individual for a specific period because of reduced funding, changes in the nature and the scope of work or for other operational reasons as outlined in the Protection of Employment Act.

3.1.2.  Redundancy

• • The DSC may terminate the employment of an employee due to redundancy as a result of the introduction of mechanisation, other new work methods, the amalgamation of services, or the elimination of a position.
  • The notice required to be given for monthly paid workers is: –
    • One month, where the period of continuous employment is less than ten years; and
    • Two months, where the period of continuous employment is more than ten years.

• • The notice required to be given to terminate the employment of an employee who is paid on a basis of less than a month is:-
    • One week, where the period of continuous employment is less than two years;
    • Two weeks, where the employee’s period of continuous employment is more than two years but not more than five years; and
    • Four weeks, where the period of continuous employment is more than five years.

• • The calculation of redundancy benefits is in keeping with the Redundancy Benefit Plan as laid out in the Laws of Dominica -Protection of Employment Act – Chapter 89.02 Part II.

3.1.3.  Termination for Unsatisfactory Performance

• • Where an employee’s performance is deemed to be unsatisfactory, the employee shall receive an invitation to an interview with his/her supervisor, where a performance evaluation will be done and corrective measures identified. 
  • If the problem persists after two (2) weeks, the employee will be issued a first letter of warning by the Supervisor to be placed in the employee’s personnel file. This constitutes the first step in the disciplinary process and the performance notice will remain in effect for three months.
  • If the unsatisfactory performance persists after two consecutive warnings during the three-month period, a report from the Supervisor should be submitted to the Head of Department with a recommendation for action.
  • The Head of Department will submit the same to the President and the HR department recommending action, up to and including termination.
  • All correspondence will be copied to the Union.
  • Any employee who claims wrongful dismissal may request that the Union take up the claim in accordance with the DSC grievance procedure.

3.1.4.  Termination for Gross Misconduct

• • The College may terminate the employment of an employee without notice or payment of any sum in lieu of notice, where the employee has been guilty of serious or gross misconduct in or concerning his employment.
  • The DSC’s rights on summary dismissal do not prevent it from taking any other legal action or pursuing additional remedies available to it under the law.   

3.2.    Termination for Medical Reasons

• • The DSC may terminate the employment of an employee if the employee becomes medically unfit and cannot effectively carry out their duties. 
  • The DSC must obtain a medical certificate from a medical board, made up of not less than three Medical Practitioners appointed by the College, stating that the employee’s illness renders them incapable of effectively carrying out their normal duties.  Any costs associated with the determination will be for the DSC account.
  • The Employee will be entitled to such benefits as if he had been made redundant.

3.2.1.  Dismissal for performance or gross misconduct

• • An employee may be dismissed for reasons that include but are not limited to, performance deficiencies, violation of DSC policy, failure to adhere to conditions of employment, or serious misconduct. In most cases, a meaningful effort to address the issues will precede dismissal though in serious cases, summary dismissal may occur without prior corrective action. 
  • Supervisors may recommend dismissal, and the human resources department will initiate the involuntary separation process. 

3.3.    Termination during the probationary period

• • During the probationary period, the employer may terminate the employment of an employee without notice or payment in lieu of notice where the employee does not demonstrate that he/she can perform his/her duties satisfactorily. 

3.4.    Separation Procedures

• • All notifications of separation must be submitted to the Human Resources Department within the suggested notice period to be eligible for any benefits which may have accrued.  
  • Submission of intention to end employment results in the final payment to an employee by the end of the pay cycle, including unused vacation leave, final salary, and gratuity instalments where applicable. Overpayment of vacation leave, or salary will be deducted from the employee’s final pay cheque.

3.5.     Dispute Resolution

The employee has a right to appeal against any decision made by the college using the grievance procedures as outlined in the Employee Handbook. 

3.6.    Informal Resolution:

• • Initial Discussion with Supervisor/Manager
    Employees who have a grievance or concern are encouraged to first discuss the issue directly with their immediate supervisor or manager. This step allows for the issue to be addressed quickly and without formal escalation.
  • The supervisor or manager will attempt to resolve the matter through discussion and understanding. If resolution is achieved, the matter will be considered closed.
  • The supervisor should document the outcome, including any agreed-upon actions or changes, and forward a copy to both the employee and the Human Resources department for the employee file.

3.7.     Formal Grievance Procedure:

If the grievance cannot be resolved informally or if the employee prefers to proceed directly with a formal complaint, the following procedure should be followed:

• • Written Grievance Submission
    The employee must submit a written grievance to the Human Resources department, outlining the nature of the grievance, the facts of the case, and the desired resolution.
  • Acknowledgement and Investigation
    Upon receiving the written grievance, the Human Resources department will acknowledge receipt of the grievance in writing.  A thorough investigation will be conducted to assess the facts and determine whether the grievance is justified.
  • This may involve interviewing the employee, the supervisor, or any relevant witnesses and the collection of evidence including reports, correspondence and relevant information.
  • Resolution and Response
    Once the investigation is complete, the Human Resources department will provide a written response to the employee, including the findings of the investigation and any actions or resolutions that will be taken to address the grievance.

3.8.   Appeal Process:

If the employee is dissatisfied with the outcome of the grievance resolution, they may appeal the decision.

• • Appeal Submission
    The employee has the right to appeal the decision made by Human Resources. The appeal must be submitted in writing to the Grievance Committee or designated authority.
  • Grievance Committee composition

The Grievance committee will be made up of the Human Resource Manager and at least three individuals made up of one unrelated manager, one head of department and a union representative.  The President has the final decision as to the composition of the Grievance Committee. 

• •  Grievance Committee Review
    The Grievance Committee will review the case, including the initial grievance, the HR department’s investigation, and the appeal.  The Committee may conduct further interviews or gather additional information if needed.
  • Final Decision and Outcome
    The decision of the Grievance Committee is final and binding.  If the grievance is upheld, the College will take appropriate corrective action.  If the grievance is dismissed, the employee will be notified in writing of the reasons for the decision.

3.9.    Union Involvement:

If the employee is a union member, the union may represent the employee at any stage of the grievance procedure, including the formal submission, investigation, or appeal.

3.10.   Confidentiality and Retaliation:

All grievances and related discussions will be handled with the utmost confidentiality.  Information will only be shared with individuals who are directly involved in resolving the issue.

Employees who raise grievances in good faith will not face retaliation or adverse actions.  Any attempt to retaliate against an employee for filing a grievance will be considered a serious violation of DSC’s policies and will be dealt with accordingly.

3.11.  Legal Framework:

This grievance procedure is in alignment with the Protection of Employment Act and Labour Standards Act of Dominica, as well as the DSC Collective Bargaining Agreement ensuring that employees have access to a fair process for addressing grievances and disputes related to their employment. Employees are also entitled to seek legal recourse or support through appropriate channels if they have exhausted the College’s grievance procedures and they believe their grievance has not been adequately resolved.

3.12.    Record Keeping:

Human Resources will maintain detailed records of all grievances, investigations, resolutions, and appeals for legal compliance and audit purposes. These records will be kept confidential and in line with data protection standards.

3.13.  Examples of Gross Misconduct

While Dominica does not have a list of “gross misconduct” offenses in a single statute, the Labour Standards Act, the Employment Protection Act and the Academic and Administrative policy manual, along with established common law principles, provide guidance.  Gross misconduct typically refers to behavior that is so serious it justifies immediate dismissal without notice or pay in lieu of notice.  The following represent examples of gross misconduct under employment laws and accepted HR practices at the DSC:

• Theft or Fraud

1. • Stealing from the employer, colleagues, or clients.
   • Falsifying documents such as timesheets, qualifications, or expense claims.

• Violence or Threats of Violence

1. • Physical assault or serious verbal threats toward colleagues, students, or visitors.
   • Fighting on company premises.

• Gross Insubordination

1. • Willful refusal to carry out lawful and reasonable instructions from a supervisor.

• Serious Breach of Health and Safety Rules

1. • Deliberately ignoring safety protocols that endanger oneself or others.

• Sexual Harassment or Discrimination

1. • Engaging in conduct that constitutes sexual harassment or discriminatory behavior as defined by the Equal Opportunity Act.
   • Engaging in inappropriate relations with students.

• Possession or Use of Illegal Substances at Work

1. • Using or being under the influence of illegal drugs or alcohol during working hours.

• Deliberate Damage to Property

1. • Intentionally damaging the employer’s property or assets.

• Serious Breach of Confidentiality

1. • Unauthorized disclosure of sensitive company or student information.

• Unauthorised Absence

1. • Prolonged or repeated absence without valid reason or notification.

• Conduct Bringing the Institution into Disrepute

1. • Public actions or statements that seriously damage the reputation of the college.