Managing Lawful Dismissal – 53-page eBook

Having to fire an employee is never easy. In fact, it’s more difficult than ever and can expose you to a raft of legal ramifications. If your decision is found to be unlawful or unfair you’ll likely face an expensive settlement, severe penalties and/or potential prosecution.

Before you decide to dismiss an employee, you need to be careful you’re not in breach of:

• unfair dismissal laws;
• genuine redundancy provisions;
• an employment contract;
• general protections provisions;
• anti-discrimination laws; or
• an enterprise agreement or performance management clause.

Since the introduction of the Fair Work Act in 2009, employees are far more likely to challenge your decision to dismiss them. In fact, the number of unfair dismissal claims lodged by Australian employees nearly tripled within a couple of years. Another concern for employers is that around 75% of unfair dismissal cases are settled via conciliation with the vast majority of these involving a payout.

It’s no secret that many employers would rather pay a significant sum to have the matter disappear, regardless of whether the claim is valid or not! But it shouldn’t have to reach this point… By following a few critical guidelines and understanding the rules you can prove your decision to dismiss an employee is fair, lawful and justified.

Managing Lawful Dismissal is a 53–page eBook that explains — in clear terms — what you need to consider before dismissing an employee. You’ll find out:

• what makes dismissal unlawful;
• when and how you can lawfully dismiss an employee;
• how your policies and procedures can help you to manage dismissal in your workplace;
• the alternatives to dismissal; and
• your notice and termination pay requirements.

It also contains the documentation you’ll need to ensure your process is effective.

Before you decide to dismiss an employee, you need to be clear about the rules. By following the advice in this essential guide, you’ll not only avoid the potential of prosecution but you can also be confident your dismissal process is lawful and fair.

Written by the team behind the Employment Law Practical Handbook published by Portner Press.