Unfair dismissal claims can have negative impact on your commercial operations. In general, if an employee feels that their employment has ended in an unjust manner, they may file a legal claim in accordance with the Fair Work Act. The Fair Work Commission will determine if the legal claim is valid. If your business is involved in such a case, you will be required to attend hearings. These will be time-consuming, and your regular operations might be compromised. Therefore, where possible, you should avoid giving your past employees a cause for filing this type of clam. Here are essential legal tips on reducing and avoiding unfair dismissal cases.
Prepare Lawful Employment Agreements
When hiring professionals for your workplace, you must ensure that the employment agreements are not unlawful and unfair. In simple terms, the contract given should be just, and it should not only favour the company. Under ideal circumstances, you should consult an employment law lawyer for guidance when drafting employment agreements. These specialists can help you create a detailed document which covers all the crucial aspects of the employer-employee relationship. The contract should also outline the details on issues which could result in dismissal.
Allow for Response Before Dismissal
It is important to allow an employee to respond if there is a report of misconduct. It is not advisable to dismiss a person based on complaints made by other parties. If you act before investigating, you might discover that the allegations were false after a claim is filed against your business. You can avoid the losses related to unfair dismissal cases by asking about the issue. Spell out the specifics of the misconduct or allegations. Then, wait for a written response from the employee. The information will help you make a decision, and the response can be filed for further reference in case of a legal claim.
Consider Giving a Warning and a Chance
You are not obligated under the law to give a warning to employees before dismissal. However, in some cases, this is the most appropriate response. For instance, if an employee is under-performing, immediate dismissal might be considered a little harsh. Consider giving the individual a clear warning about their behaviour and providing an outline of the expected levels of performance. Often, the criticism will result in an improvement. Working towards solutions is more favourable than dismissal.
Finally, avoid firing people on the spot in an emotional fit. It is important to adhere to the guidelines outlined in the employment contract and relevant laws.
Share9 October 2019
My name is Jeanette Kennan. I have been a high school legal studies teacher for many years. As such, I am fascinated by legal cases I come across in the media. Family and friends often consult me about minor matters related to the law and although no expert, I can often point them in the right direction. It occurred to me that there may be other people out there who are not aware of basic legal issues. After all, you probably don't think about legal matters related to death, accidents or crimes until you find yourself in a crisis situation. This blog is designed to give you some introductory information about a range of legal topics. Hopefully, it will help you to be prepared and informed should a legal concern arise. I really appreciate you breaking in to my humble little site. Please enjoy.