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The Process To Terminating An Employee
September 12, 2012 | Mandy Cann
Learn the correct process to terminating an employee that will protect everyone involved.
Terminating an employee is not pleasant however don’t be hesitant in effecting termination in certain circumstances as leaving it can be more detrimental to your business.
There are generally 2 types of employer initiated separations:
- Poor performance
- Unacceptable conduct/behaviour
Below is a checklist to assist you with the process:
- Did you give the employee reasonable warnings and an opportunity to improve their performance/conduct?
- Did you offer a support person to the employee when discussions may reasonably lead to termination?
- Have you complied with the termination of employment provisions in the employee’s award, enterprise agreement or contract.
- Check what legislative provisions apply and ensure you are not dismissing for a prohibited reason (eg. age, sex, family responsibilities etc)
- Notify the employee of their dismissal in writing, briefly stating the reasons, the precise date the termination of employment will take effect and notice provisions.
- Where summary dismissal is a possibility, (eg for serious misconduct), fully investigate before making a decision.
If you are a small business, under 15 employees (headcount), follow the Small Business Fair Dismissal Code when terminating an employee as it will give you a much better position if you need to defend an unfair dismissal claim, see link below:
Are you worried about having to terminate a staff member and what issues around the process are you trying to grapple with? Just comment below and I will come back to you some helpful ideas and information.