Questions

HowTo Dismiss an Employee

I have an employee who is always late, talking negatively about my business with other employees in... read more

Asked by:
Meal Five at Meal5
Good morning,You are able to dismiss this employee but not without following a legal due process first which includes having a conversation about your concerns, giving them a opportunity to respond, giving them an opportunity to improve their performance to the required levels and supplying any additional support reasonable to achieve the required performance levels. This is complex area and getting it wrong exposes you to a fine of up to 6months salary of the employee and / or reinstatement.Check out this calculator which shows you the potential cost based on how far the case goes and what the employee is paid. It is worth doing this correctly.https://www.employeematters.com.au/product/unfair-...If you need help we can work through this with youPerformance Management Package - $2275 + GSTDo you need to have a difficult conversation about someone’s performance in your team? The Performance Management package will provide the advice, strategy, risk assessment and process for handling the performance management & potential exit of an employee. Provision of scripts and personal coaching of the Manager on the conversation and steps to ensure that, should a termination occur, it's not considered 'unfair, unjust or unreasonable'. Includes: drafting documents, attending and directing / driving the Performance Management / Exit meetings. Calculating termination payments & drafting internal communication messages plus completing all exit documentation and communication. Liaison with employee after exit. Providing & completing a Without Prejudice and Mutual Separation discussion.A Deed of Release PDF document, is an additional cost, if required.
Hi, are you in Australia? This is not law so to speak. In Australia an advocate (I am a workplace forensic investigator/mediator and conciliator and get far better results) attends a phone conciliation if they try unfair dismissal on you. You need to have serious misconduct. Talking negative is possible. Coming in late is not major unless it is well documents. The secret is to have policies and documented warning systems. It has to be very serious. I would be happy to do this (and I charge less than a lawyer) as you can guarantee they will lodge a Fair Work claim against you. My strategy is always to have 'serious misconduct' clearly defined matching the Act. I would need to understand what the person was saying and it may take some work. There are other methods.
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Questions

Are HR Issues always tied to Employment Law?

Asked by:
Jef Lippiatt Owner at Startup Chucktown
Hi Jeff,In a general sense yes HR issues are tied to legal issues. For example I have a client who wanted to dismiss an employee via text message, which is a legal issue and could end up with your company being sued for unfair dismissal. It is important to always have the legal aspect of HR covered when dealing with employees for instance understanding the National Employment Standards which set out rights and entitlements , that are legally enforceable. Having good HR policies and procedures means less chance of litigation. The one area I wold like to remind employers is that of social media. It is good to also have a social media policy about what can be posted on to personal website relating to work issues and work functions. The better you communicate your policy the better you will be covered from a legal point of view.
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Employment law

IMPORTANT WORKPLACE LAW PRECEDENT & MORE

IMPLIED TERM OF MUTUAL TRUST AND CONFIDENCE The recent Federal Court decision of Commonwealth Bank... read more

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Employment law

5 Things you Didn’t Know About Being an Employer

  Being an Australian employer is tough and employment law is complex, keeping on top of all the... read more

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Ben Thompson CEO at Employment Innovations (EI)
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Great article Ben! I established Custodian Safety Services an OHS consultancy specialising in providing occupational health and safety related support to SME's that have need professional advice but cannot afford to employ a full time adviser. We provide an affordable solution to the problem. Quite often we work with small businesses that make it over the first hurdles in employment you outlined above only to encounter the next set of hurdles in continual OHS managment when the business grows and production and employees doubles or trebles!
Employment law

Independent Contractor…. Or Employee?

Independent contractors are often engaged as a convenient way to cater for the changing needs of a... read more

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Ben Thompson CEO at Employment Innovations (EI)
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This argument also comes to the forefront when accidents resulting in injury to supposed - 'independent contractors' occurs. Businesses using the 'independent contractors' often get a nasty surprise when they find themselves liable for the contractors injuries and return to work costs. I've seen on so many occasions business owners sweating over whether their insurers will cover the costs.
Employment law

Preparing for 2013

Australia’s economic conditions are predicted by some to take a downward turn in 2013, meaning... read more

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Ben Thompson CEO at Employment Innovations (EI)
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Wendy HuangFull Time Blogger and YouTuber at A Custom Blog in 4 Minutes
Thanks for these helpful tips Ben, I am guilty of shopping from the US way too much. It's a vicious cycle because it doesn't make it easier for retailers here to make a profit.