Employment can end for many different reasons, for example an employee may resign from their position or be dismissed by their employer. Regardless of the circumstances of employment coming to an end, it is important to ensure that the rules concerning dismissal, notice, consultation and final pay are adhered to.
It is also important to note that in certain circumstances, for example where a person is made redundant or due to a business becoming insolvent, that different rights and obligations can apply.
It is therefore, essential for employers and employees to understand their rights and obligations when bringing about an end to the employment relationship. A failure to do so can result in extremely adverse outcomes for offending parties.
It is not always easy to ensure compliance with relevant rules and regulations in such circumstances. Queensland Law Practice is well placed to provide representation and advice to employers and employees alike in relation ending employment relationships and compliance with relevant laws throughout such processes.
Terminating a staff member can be an extremely anxious moment for the employer as much as it can be uncomfortable for the employee. There are major factors to consider when terminating someone’s employment such as:
- How much notice (if any) do I have to give the employee;
- Is the employee being fired, made redundant, or resigning (constructive dismissal);
- Are there factors of potential discrimination (age, race, pregnancy, mental health);
- Is their recourse for an unfair dismissal claim?
If you wish to terminate someone’s employment, then we recommend that you go through our Termination kit attached in order to ensure that you have addressed all of the critical details to ensure you are not served with an Unfair Dismissal claim.
If the process seems too complex or overwhelming, Queensland Law Practice can come to your business and ensure that all the main issues have been addressed. If you prefer, we can even conduct the termination process so that you don’t even need to be present.
STAFF DISCIPLINE & WARNINGS
This is an area which regularly brings distress to businesses. With all the new laws, cases, and an era where employees are not afraid to vent their expectations and grievances, it is understandable that business owners are extremely cautious when dealing with discipline and staff. In fact, many companies baby-coddle or even refuse to discipline staff for fear of a harassment or unfair dismissal claim, and this situation is a loose/loose for your business and your clients.
Rest assured, there are always that a business can discipline or manage staff in a manner that is compliant with the laws…. the keys words are “reasonable” and “proportionate”. When dealing with employee management a court will always consider whether you acted reasonably in the circumstances. The problem for the business owner is that the definition of “reasonable” can mean many things to many different people.
Queensland Law Practice is your partner in business and is on hand to advise our client’s how they should best conduct themselves given a specific behaviour in question. If necessary, we can even draft up the required warning letters. Given that written conduct is the basis of defending an unfair dismissal claim, it is important that these documents are prepared in a professional, balanced and reasonable manner.
If mediation is needed, we have qualified mediators on hand in order to assist in the facilitation of the issues in dispute.