ABOUT THE CONTRIBUTOR

Mandy Cann
Mandy Cann Mandy has a long history in government where she spent 15 years in the Brisbane City Council and Qld Urban Utilities. Since leaving the public sector Mandy has been consulting in human resource management and industrial relations to small and medium business for the past 4 years. Working with small to medium clients has broadened Mandy's experience where she now has a good balanced perspective in professional consulting. Mandy holds a Bachelor of Commerce degree and a Masters in Employment Relations both from Griffith University. Mandy has practical working knowledge of the Fair Work Act and State Industrial legislation and can keep businesses compliant with the ever changing workplace laws. Mandy has spoken at industry conferences giving practical advice on effective people management practices in particular effective performance management systems.

Mandy Cann has written 22 article(s) for us.

Visit http://www.cannconsulting.com.au



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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.
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:

http://www.fairwork.gov.au/termination/small-business-fair-dismissal-code/pages/default.aspx

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.