Success Story: Termination of Employment

Context of the conflict

The management of a care facility had criticized the performance of a caregiver, Wilma, and sought to terminate her employment. Wilma had called in sick and was referred to the company doctor, who determined that her absence was due to a workplace conflict, not illness. The doctor recommended a two-week intervention period followed by mediation. The mediation request was submitted to Result Mediation by the absence coordinator.

Up until nine months earlier, there had been occasional criticism of Wilma’s performance, but this never resulted in negative evaluations. After being absent for four months due to a hernia surgery, Wilma returned to work on a gradual reintegration plan. During her absence, however, significant complaints about her work were raised by clients and colleagues. This led management to conclude that her position had become untenable. Lawyers were involved, and a proposal was made to terminate her employment by mutual agreement, including a severance package.

The mediation

The mediator began with individual pre-meetings to lower the threshold for mediation and gain insight into each party's goals. It became clear that Wilma was deeply upset about the situation and wanted to assert her rights, while management was determined to end her employment despite acknowledging that their documentation was insufficiently robust.

In the first mediation session, the director, Wilma’s direct supervisor, Wilma, and her partner were present. After reviewing and signing the mediation agreement, both parties had the opportunity to present their perspectives. The mediator ensured that both sides felt heard, even though neither could persuade the other.

The interests were clarified: the care facility aimed to improve service quality and workplace dynamics while minimizing the financial impact of a termination. Wilma, on the other hand, was primarily concerned about her reputation, job security, and income.

Despite the emotionally charged discussion, both parties were willing to work towards a solution on the same day. Wilma realized that continuing to work at the care facility would likely worsen her situation. After consulting with her partner, she proposed accepting the termination if she received twice the severance package initially offered.

Management found this proposal unacceptable and considered taking the matter to court. The mediator held separate discussions with both parties to break the deadlock. Both sides expressed a desire to resolve the matter immediately—either a solution would be reached that day, or not at all.

Resolution of the conflict

Following the separate discussions, the joint meeting resumed. Management proposed paying one-and-a-half times the severance package to partially offset Wilma's income loss. Since the termination was by mutual agreement, Wilma would still qualify for unemployment benefits if she did not find a new job quickly. Wilma accepted this proposal.

The next day, the mediator documented the agreements in a draft settlement agreement. Both parties had the opportunity to consult their lawyers. After minor textual adjustments, the parties reached an agreement within a week, and the settlement agreement was signed, successfully concluding the mediation.

The mediation was completed in just three weeks, significantly faster than the average mediation, which typically takes five to six weeks.