Terminating employment can be a difficult and emotional time for all parties.
The employment relationship can end due to resignation, redundancy or dismissal. In any case, it’s vital you go about things in the right way.
Before, during and after the process it’s important to keep in mind these general guidelines, especially if you are dismissing an employee.
Sound reasons include:
A fair process does not mean ‘three strikes’ anymore. It does mean:
For small businesses, the Small Business Fair Dismissal Code provides guidance and a checklist to follow for a fair process.
Redundancy is a separate issue with special rules, as set out by the Fair Work Ombudsman.
A guide to dismissal in New Zealand can be found here.
It’s important to keep written records of the following:
Under Australian workplace laws it’s unlawful to dismiss someone for a range of reasons that could be viewed as discriminatory.
These are set out in the General Workplace Protections for most employees.
On dismissal, the employee’s entitlements include:
In the case of redundancy, there may also be severance pay entitlements.
Some extra tips that will make the process better for all:
There are specific rules related to each type of employment termination for most employers and employees in Australia.
To find out in detail the requirements and how to avoid an unfair dismissal claim when terminating staff, visit the Fair Work Ombudsman website where you will find a range of resources, including guides, checklists and template documents.
This article was originally published on MYOB’s blog, The Pulse. For more business news and tips, visit www.myob.com/blog.
"Coaching with Ben gave me a great opportunity to reflect and explore strategies, tips, and tools to improve ways of working and to work through opportunities & challenges. I really valued the focused discussion on specific areas to support my growth and development. I highly recommend working with Ben."
- Manager, National NFP
"In a challenging role in a new organisation, coaching with Paula was the ideal time to reflect, problem-solve, brainstorm options and arm me with next steps in all areas - from staffing, internal politics and relationships to tackling key initiatives. The sessions were by video and face to face, both equally effective. Using video allowed for easy integration of sessions into my busy workdays without any hassle. Paula’s style of coaching quickly built trust so I felt safe being vulnerable, quickly getting to the heart of a number of issues and propelling me and my performance forward significantly!"
- Executive GM, People and Culture
"We used the Harrison Assessment tools followed by a debrief with Susan, for career development with staff, which then allowed us to work with Susan to create a customised 360 degree review process. Susan has a wealth of knowledge and is able to offer suggestions and solutions for our company. She is always ready to get involved and takes the time to show her clients the capability of Harrison Assessments. "
Jessica Hill - Head of People and Culture, Choice
"Balance at Work are the ideal external partners for us as they completely get what we are trying achieve in the People and Culture space. Their flexibility and responsiveness to our needs has seen the entire 360 approach being a complete success. The online tool and the follow up coaching sessions have been game changers for our business. The buzz in the organisation is outstanding. Love it! Thanks again for being such a great support crew on this key project."
Chris Bulmer - National GM Learning and Development, ISS Australia
"The leadership team at Insurance Advisernet engaged Susan from Balance at Work to run our leadership development survey and learning sessions. Susan was very professional in delivering the team and individual strengths and opportunities for growth. Susan's approach was very "non corporate" in style which was refreshing to see. I can't recommend Balance at Work more highly to lead employee and team development sessions."
Shaun Stanfield - Managing Director, Insurance Advisernet