Managing termination of employment: forward with fairness?
Termination of employees is one of the most complex issues an employer will ever have to deal with. Termination decisions are frequently linked to the performance and success of your business and can often lead to grievances and disputes in and beyond the workplace. Managing the performance, conduct, and termination of your employees effectively in compliance with statutory and regulatory requirements will reduce your business costs and increase the productivity and efficiency of your workforce.
Unfair dismissal is the most common claim made against employers. Indeed, there has been a 30% rise in the number of overall claims since the commencement of the Fair Work Act in 2009. VECCI's consultants are highly experienced when it comes to dealing with conciliations (conferences) and arbitrations (hearings) facilitated by Fair Work Australia. VECCI’s workplace relations consultants are able to provide employers with easy to follow guidance and advice, as well as knowledgeable and experienced representation at both conferences and hearings.
Adverse Action Claims also present a significant new area of risk for business, and VECCI is seeing increased claims under this banner. Adverse action claims are largely being lodged when an employee claims they suffered ‘adverse action’ as a result of accessing or asking about their workplace entitlements and rights. This section of the Act is notable as an employee does not have to be dismissed to commence a claim, and may claim other aspects, such as disciplinary action, as amounting to adverse action.
It is imperative that employers apply discipline and dismissal methods and practices which are fully compliant with Fair Work Australia legislative requirements.VECCI will help to protect your business and assist you with all aspects of unfair dismissal and adverse action claims in a timely and professional manner, working collaboratively with your business toward solutions that deliver the best outcomes. All indications suggest that the Fair Work Act 2009 empowers Fair Work Australia to subject all written correspondence to employees to greater scrutiny. Fair Work Australia’s capacity to gather information informally also potentially involves expenditure of time and resources to defend claims relating to termination of employment.
Under the Fair Work Act 2009, employers will also have to contend with a range of new employee entitlements and the expanded investigative and enforcement capacities of the Fair Work Ombudsman. Disputes around termination may also arise with reference to workplace rights, which will require careful management and investigation.
VECCI will help your business ensure that every decision is considered and informed. We can even help you draft the appropriate documentation. Call and speak to one of our Workplace Relations Consultants for advice on how we can tailor our services to suit your needs today on 03 8662 5333.
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Case Study
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A VECCI member contacted the Workplace Relations helpline for advice on terminating an employee. The employer believed that the employee would be likely to launch an unfair dismissal claim and wanted advice and support before dismissing the employee.
The VECCI consultant was able to talk the employer through all the steps required to defend an unfair dismissal claim and ensure that all the necessary procedures had been followed and all supporting paperwork was in place.
The employee launched an unfair dismissal claim, in which VECCI represented the employer at conciliation, and when that was unsuccessful, at an Unfair Dismissal hearing. The employer’s ability to demonstrate that all appropriate procedures had been followed and provide written evidence to that effect resulted in the claim being dismissed and the employer’s decision upheld. |
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Related Links
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Frequently Asked Questions
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How do I dismiss an employee?
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Do I have to give an employee three warnings?
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What are the laws regarding dismissal?
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What is serious misconduct?
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What qualifies for instant dismissal?
- For more information on these questions and any others relating to employment contact VECCI on 03 8662 5333. |
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VECCI members have access to hundreds of documents including Frequently Asked Questions which are available under Tools & Templates