Tips for Employers

The best way to avoid having claims made against you and your business is to ensure that you have policies and systems in place that will help you deal with common difficulties. These might include:

•         Employee’s Position Description. Make sure that descriptions of particular job positions clearly set out expectations, and that these descriptions are kept up-to-date. 
•         Contract. It should go without saying that every employee needs a written contract that sets out at least basic terms such as role, rate of pay, and hours of work.
•         Explicit Policies Statement . New employees should be apprised of company policies, provided with a handbook, and asked to sign a document saying that they have received and understood this information.
•         Performance Review. Conduct regular performance reviews and have a formal process in place. In addition, be sure to "check in” with employees often in a less formal way. Improved communication about the difficulties of the position and praise for successfully completed tasks can go a long way toward improving employer-employee relations.
•         Probation Period. There is a probationary period for all employees in Australia that is set at six months for most businesses, and 12 months for businesses with fewer than 15 employees. During this period, employment can be terminated without fear of retaliation through an unfair dismissal claim. (Note that the employee cannot be terminated for a reason that involves his/her participation in a union or discrimination by age, sexual preference, gender, or race.) Make sure to review performance well before the end of this probation period.
•         Keep Notes. Be sure to keep careful notes of performance reviews, warnings, and any issues that arise. In some cases, it is wise to send a formal letter of warning to the employee so that it will be on record. This can be particularly helpful if a dispute arises, or if management personnel changes.
•         Terminate in a Timely Fashion . If you realise that an employee is not performing to expectations, it’s better to terminate their employment early, rather than letting the situation get worse. As well, be sure to read the Fair Work Commission’s guidelines with regard to employee terminations before taking any action.
•         Employee Response. If you present an employee with complaints about job performance or allegations about behaviour, be sure that you allow the employee to respond to them. Take their response into account before any action is taken to terminate.
•         Know the Law. Make sure that your payroll department is familiar with all legal requirements for entitlements including award rights, personal and compassionate leave, any agreements that cover lunch breaks and overtime, and any statutes governing holiday leave and hourly rates.  Errors in these types of payments or breaks can lead to frustration and legal action.

Conscientious employers will keep detailed records when on-boarding new employees and throughout employment by holding consistent performance reviews. Unfortunately, depending on the business needs of the employer, a worker may be identified as redundant. According to the Fair Work Ombudsman, redundancy occurs when an employer becomes bankrupt, or no longer needs the job duties performed by anyone. A genuine redundancy prevents an employee from making an unfair dismissal claim. Employers who find themselves in a position to make a position redundant may face unfair dismissal allegations. Choosing an experienced legal team to represent the company’s interests is a must when fighting these unfair dismissal claims.

By keeping detailed records and working with third-party consultants to provide guidance through a structure change, an employer will be able to protect their legal interests. Employment lawyers in Sydney and the surrounding communities are accessible through online platforms and client portals. Communication through e-mail, video conference and chat platforms are quick and effective; especially for business people. Legal firms that take a more traditional approach often create delays, requiring their clients to come to them. Let a tech-savvy firm come to you and provide all the necessary legal advice required for tackling tricky genuine redundancy cases.

And don’t forget to consult an employment lawyer in Sydney if you have any questions about termination or employee relations. It may be the best move you’ll ever make!