August 14, 2018 | Taj Soloman
Human Resources (HR) | Fair Work | Unfair Dismissal
HR Pay Solutions
can provide your
business with advice
Throughout my time in HR, I’ve come across many scenarios that led to the lawful dismissal of employees due to misconduct, harassment, bullying, theft and many other reasons.
When managing dismissal, it is important that the correct procedures are followed and the reason for dismissal is valid and fair.
It starts at the beginning
When dismissing employees, follow the correct process
It is vital for businesses to ensure that all steps involved with addressing employment concerns with employees are followed correctly. If the termination process is not managed correctly, businesses may face unfair dismissal claims, adverse action,
discrimination claims, workers’ compensation claims, bullying and/or harassment claims and union involvement.
For instance, when managing issues of poor performance or misconduct and behaviour, every stage must be followed and implemented fairly and correctly. Employees must be given the opportunity to improve their performance. This includes providing the employee the time required to improve, any training requirements, outlining your expectations and providing the employee with the opportunity to provide feedback. Furthermore, when managing redundancy, you must ensure that consultation and redeployment is provided. This will ensure the redundancy process is in line with Fair Work legislation.
It is important to note that in many cases, the Fair work Commission has found that dismissal was either harsh, unjust or unreasonable and ordered the employer to reinstate the employee. That is why it is extremely important to ensure all stakeholders are provided “procedural fairness”. This means that that the employee understands what the issues are and be provided with the opportunity to respond to any allegation or issue before you make a decision about their employment. To keep things tighter, I recommend providing the employee with a support person and/or representative.
The Fair Work Commission will assess everything, when dealing with
any claims raised to its attention!
The Fair Work Act requires notice of termination of employment to be given in writing and be conducted face to face.
Therefore, when managing termination, we at HR Pay Solutions, advise that the whole procedure be documented, delivered face to face, provide the employee the opportunity to bring a support person
and / or a personal representative, and when completing the termination letter, provide the employee the reasons for and date of the termination.
Other requirements that must be provided upon termination include the Centrelink Separation Certificate, Statement of Service and a termination payslip. Remember to provide a hard copy of all documents required, if you are not using an online HR or Payroll System.
Taj Soloman is an established people management professional with experience spanning Payroll, Human Resources, Industrial Relations, Employee Relations and Workplace Health and Safety.
Taj is also the co-founder of HR Pay Solutions providing customers with a total solution to employee management.