Termination of Employment
Termination of employment is a task to be undertaken by experts who are thoroughly prepared. That’s where AWS can assist! Employers who fail to meet the onerous obligations in terminating an employee often find themselves subject of an unfair dismissal remedy application before the Fair Work Commission. Terminated employees are well-resourced through free advice from the Fair Work Commision and assisted by countless law firms offering ‘no-win, no-fee’ arrangements to make claims against their former employers. If your company receives an unfair dismissal application from the Fair Work Commission, you should immediately contact us, as you must respond to the Commission within 7 days.
Unfair dismissal occurs where an employee makes such an application and the Fair Work Commission finds that:
- the employee was dismissed, and
- the dismissal was harsh, unjust or unreasonable, and
- the dismissal was not a case of genuine redundancy, and
- where the employer was employed by a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code.
Employers may then find themselves being ordered to reinstate the dismissed employee or pay tens of thousands of dollars in compensation, coupled with expensive legal bills. Those problems can be avoided by taking professional advice and following due process. The team at AWS can assist with development of discipline and dismissal policies, conducting investigations, performance management and if required, conducting formal warnings and dismissals.
When terminating employment, it is important to ensure entitlements are correctly calculated and paid – the notice and redundancy calculator will assist.