Guideline on dismissal/redundancy

Objective

This guideline describes the process for dismissal to be initiated when efforts to find a less stressful sanction have failed.

General

Corporate HR and the management of the department/unit are to remain in close dialogue regarding the matter. The management is obliged to notify the shop steward (in Danish: tillidsrepræsentant) about the employee’s forthcoming dismissal.

This requires that the procedure described in the guideline on initiatives for avoiding dismissal due to circumstances concerning the employee have been followed prior to the decision to dismiss the employee.

As a rule, the employee’s HR file is to contain a written warning before dismissal proceedings may be initiated.

The dismissal process

Often, these matters can be settled by a retirement agreement being concluded instead of dismissal. If the matter ends in dismissal, the following process is typically followed. However, as concrete individual decisions are always taken, variations may occur.

1. The Head of Department/Head of Unit sends to Corporate HR a thorough explanation of the grounds for dismissing the employee.
2. A consultation letter on the prospective dismissal is sent by Corporate HR to the employee and a copy is forwarded to the Head of Department/Unit and – with the consent of the employee – to the shop steward/organization.
3. On expiry of the consultation deadline, the final dismissal letter is forwarded, with a copy to the management of the department/unit, shop steward and organization.
4. If the employee comments on the consultation letter, Corporate HR sends a reply as agreed with the management of the department/unit. This may potentially be added to the final dismissal letter.

Summary dismissal

Summary dismissal is a rare sanction and requires that the employee has behaved in a very improper manner, including any criminal acts. For example, financial enrichment or gross, academic dishonesty.

Important legal points

Collective agreements, the Public Administration Act, principles of administrative law and the Ombudsman’s practice as well as other employment legislation form the legal basis on which DTU addresses such matters.

Corporate HR will be especially attentive to the principles of administrative law being observed:

• Principle of Non-Discrimination – there must be no unmerited direct or indirect discrimination
• Proportionality Principle – there must be a reasonable balance between the events that took place and the outcome of the case
• Abuse of Discretion – in discretionary decision making, no rules must be established to preclude the power to make decisions on a case-by-case basis rather than on the basis of customary practice
• Misuse of Powers – no irrelevant considerations or subjective criteria may be applied
• Code of good practice in public administration – the employee is to be consulted, kept informed and advised as to his legal status, and the procedure must not be prolonged unnecessarily. Decisions should be notified directly through official channels
• Inquisitorial Principle – the responsibility for ensuring that all the requisite information for resolving the matter at issue rests, as a rule, with the authority concerned

Entry into force

The guideline on redundancy due to circumstances concerning the employee was approved by the Executive Board and discussed by the Cooperation and Joint Consultation Committee (HSU) in March 2017.

The guideline becomes effective from the time it is published on DTU Inside.

Amendments

The guidelines may be amended at three months' notice following review by the Cooperation and Joint Consultation Committee. Amendments are communicated via DTU Inside.