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Employee Warnings & Terminations

The most common tool utilised to combat employee disciplinary issues is the use of official warnings. This tool is appropriately utilised in addressing an employee’s unsatisfactory conduct and or performance that is not serious enough to justify dismissal.

 

Official warnings are also most commonly utilised as a stepping stone towards eventual termination of employment, provided the unsatisfactory issues are made clear and the employee had been given the opportunity to improve and potentially avoid termination.

 

Apart of the court and tribunal decision making process is the consideration of whether a termination/dismissal was unfair, unjust and unreasonable. Sufficient warning will assist in the decision of a dismissal being upheld as fair, just and reasonable.

 

The often quoted 'three-strikes policy' is not a legal requirement. Each case differs and hence what is deemed sufficient and or reasonable warning is calculated on the merits of the case.

THE FOLLOWING IS CONSIDERED WHEN DETERMINING WHAT SUFFICIENT AND OR REASONABLE WARNING IS:

  • Previous disciplinary history
  • Job/task specific training
  • Length of service
  • The significance or gravity of the issue & the impact on the business

FAIR REASONS TO TERMINATE AN EMPLOYEE'S CONTRACT INCLUDE:

  • Poor performance (on-going)
  • Misconduct
  • Dangerous behaviour
  • Refusing to follow instructions

Where do businesses go wrong?

Businesses generally forget the details due to lack of HR Management or lack of time.

 

See common errors below:

Details of the performance and conduct deficiencies are not stated specifically and are not supported by evidence.

Failure to reference breaches to any relevant company policies and or procedures.

Failure to implement an improvement plan or employee appropriate support training.

Common errors regarding legislative procedural fairness:

Failure to supply appropriate notice of formal meeting.

Refusing a support person.

Predetermined decision making.

HR EXPERTS CAN HELP GET IT RIGHT!

AVOID AN UNFAIR DISMISSAL!

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