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How to let an employee go......legally

Having to fire an employee is never easy. In fact, it's become a bit of a legal minefield.

So, how do you dismiss an employee without leaving yourself open to a whole raft of legal implications?

If your decision is found to be unlawful or unfair you will likely face:
1 An expensive settlement
2 Severe penalties
3 Prosecution or
4 All of the above

Before you start, check whether you might breach:
  • unfair dismissal laws;
  • genuine redundancy provisions;
  • an employment contract;
  • general protections provisions;
  • anti-discrimination laws; or
  • an enterprise agreement or performance management clauses
Since the introduction of the Fair Work Act in 2009, challenges to dismissal action have increased threefold. There is also a trend toward conciliation with about 75% of challenges going to a conciliation hearing and the bulk of those resulting in a payout. Many employers perceive it is easier to just pay up and move on, regardless of the validity of the claim.

It really doesn't have to be that way.
HR Tactics can help you stay within the law and advise you on what makes dismissal unlawful; When and how you can lawfully dismiss an employee; How workplace policies and procedures help you manage dismissals properly; The alternatives to dismissal; Formal notice and termination pay requirements.

Contact HR Tactics today and let us help you prepare a dismissal strategy.