Without the right advice, choosing to terminate an employee is risky.
The decision to terminate an employee is not a situation that should be taken lightly by any employer. Yet, when it is the only option or the most appropriate option Industryus HR can support your leaders through a compliant process to avoid an unfair dismissal ruling.
The Fair Work Act 2009, provides a number of protections for employees who are terminated or who feel they have been treated adversely. Often, the success of the employer in defending the decision to terminate an employee will depend on the process they have engaged for the termination and the mitigating factors they have considered. This means that it is important to engage a HR specialist early on so that all the boxes are being ticked along the way. However, it is never too late to seek advice if you are planning on carrying out a termination. Often any faults with a process can be rectified to improve your organisation’s position and reduce exposure to actions such as unfair dismissal, prior to the termination occurring.
Industryus HR works exclusively for small and medium sized employers. We will work with you to understand your desired outcome, the steps that should be taken to reduce exposure when you have decided to terminate an employee, and any associated risks or alternatives. We help you to achieve a more productive workplace, free from those ongoing performance or conduct issues that may be eating up your time.
Making a role redundant?
Whether your organisation plans to make only one employee redundant or implement a broader structural change, our employment relations specialists have extensive experience in managing restructures and the redundancy process. Our depth of knowledge and commercial savvy also provides you with a HR consultant who understands the strategic changes required for your company to operate at an optimal level.
There are many business-related reasons organisations make the decision to restructure. Some of these reasons may include:
- For better efficiency;
- To accommodate growth or a new strategy;
- As a result of a down turn in business;
- To simplify a complex structure;
- To reduce or redistribute costs; and
- To better distribute functions against actual skill sets.
Whatever the reason, there are inherent risks when making major changes to the workplace such as the decision to terminate an employee or employees. Therefore, engaging an employment relations expert is paramount to ensuring your business is in a strong position to defend any workplace claims that may arise. A small initial outlay to ensure process alignment with Fair Work laws may save tens of thousands of dollars down the track.
Contact us to arrange a free initial consultation to discuss how Industryus HR can assist with your workplace issue. Or consider signing on to our Membership where you can seek over the phone HR advice whenever you need it.
Would you like to provide additional support to an employee who you plan to make redundant?
Outplacement can be a nice way to soften the blow, particularly for longer term or older employees who may struggle to re-enter the workforce.
Outplacement is a valuable support service provided to employees who are exiting an organisation, either voluntarily or involuntarily. Most commonly outplacement is offered when a redundancy occurs. It helps former employees re-orient themselves in the job market and transition out of your organisation more easily. It can also provide strategic benefits for the employer and is therefore highly recommended for some situations.
We work with trusted industry leader OnTalent for all outplacement and career transition programs. OnTalent offers a suite of programmes ranging from one through to twelve months which are tailored to meet your workforce transition and outplacement needs. Contact us to secure our partner pricing.
Have you received an unfair dismissal claim?
Receiving an unfair dismissal claim can be upsetting and stressful. The Fair Work Commission process can often seem daunting, and it can be difficult to work out your next steps when it’s all new to you.
Employers should engage a skilled employment relations practitioner soon after receiving the notification of the Application for Unfair Dismissal. A HR specialist will be able to work with you to break down the facts of the matter and discuss the best approach to take based on their experience and the law. Industryus HR are highly experienced in responding to employee claims and can manage the process with the Fair Work Commission on your behalf, including any telephone conciliation required. We will take the stress out of the situation and get your company on to a more positive pathway quickly.
If you have received a claim, time is of the essence. Contact Industryus HR immediately by calling 1300 15 10 11 or via our contact form and we will discuss your options with you.