Are you confident about terminating a staff member fairly and lawfully?
Terminating an employee can be stressful and traumatic, even if misconduct is involved. Having to exit an employee for poor performance or where their skills or job have become redundant is for many employers one of the hardest functions they need to do.
Complicating the issue is the fact that terminating staff in Australia is highly regulated by workplace legislation, as many employers have found out to their detriment after the event. It is therefore essential to get expert advice prior to making any decision to terminate one of your employees.
The role of Fair Work Australia
Most employers will be subject to the requirements of the Fair Work Act which sets out the situations when ex employees can challenge their termination on the basis of an unfair dismissal claim or general protections proceedings (in the case of an unlawful termination).
Fair Work Australia will assess claims of unfair dismissal against the requirements for dismissals not to be:
- Harsh, unjust or unreasonable, and
- Not a case of genuine redundancy.
Fair Work Australia will also look to see if the terminated employee has been afforded procedural fairness.
Special requirements for small business
Recognising the need of small business for a simple process for terminating staff if necessary and the fact that most do not have the benefit of internal human resources specialists, the Fair Work Act makes provision for a Small Business Fair Dismissal Code. This applies to all small businesses with fewer than 15 employees.
TELS has proven experience in assisting employers needing:
- advice in dealing with situations that may give rise to the need to terminate an employee;
- to defend an unfair or unlawful termination claim.
TELS has extensive experience in working with staff to find workable, practical and most importantly, sustainable solutions to workplace conflict through our mediation or conciliation services. Our mediators are accredited under the National Standards now applying to mediators in Australia.
Details of our methodology and pricing options for termination services are available on request. Use the Contact Us page to obtain fuller details.
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