When it comes to employing staff and terminating the employment of an employee it is important that the correct procedures be followed in order to minimise the chance of a successful unfair dismissal application in the Fair Work Commission.

We have recently had two matters where a supervisor purported to terminate the employment of an employee and did not follow the correct procedures. Thankfully, we were able to settle the unfair dismissal claims without going to hearing.

If you are giving your manager or supervisor the right to terminate the employment of an employee then it is important that they be properly trained to understand the necessary steps involved. When you look at the unfair dismissal claims in the Commission the employee often wins their claim because the employer has not followed procedural fairness even though there may have been a valid reason for the termination.

What this requires is that the employee is advised of the issues that may lead to the termination, has the opportunity to respond to those allegations, is not denied the opportunity to have a support person with them at any meeting, and that the termination is not vexatious. The Commission also looks at the length of service of the employee and their prior disciplinary history.

With the risks involved with an employee claiming unfair dismissal it's always worthwhile seeking professional advice. For instance, what the manager or even the employer thinks might justify the termination of employment may not be the case. And it certainly isn’t the case that the manager or employer can just tell someone, or worse yet, text the employee, that they are fired. And in the alternative, we have even had the situation where the employer contacts us and states that they have issued a written warning when the misconduct or performance matter did justify termination.

If you have any doubts about what to do with an employee and whether to continue their employment you can contact Andrew at Primary Employers Tasmania to get professional advice.