Calling all employers in Brisbane, Capalaba, Cleveland, Victoria Point, Springwood, Browns Plains, Ipswich, Strathpine, Redcliffe, and Burpengary! Do you know how to avoid unnecessary claims from employees? If you are unsure about how to safeguard your business, or if you want advice on an employee-related matter, knowledgeable employment lawyers in the Brisbane area are available for consultation.
As you may know, when employer-employee relations turn sour, it can be unpleasant, time-consuming, and even expensive. By putting good policies in place and using best practices, you may be able to avoid these types of claims.
Employment lawyers can advise you on such topics as, but not limited to:
• Writing clear employee contracts,
• Accurate and up-to-date job descriptions,
• Legal obligations regarding entitlements,
• Regular performance reviews,
• Lawful probationary periods for new employees,
• Policy handbooks,
• Keeping accurate notes, and;
• Formal letters to employees.
Having clear policies and practices in place can make your workplace both happier and more productive.
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Unlawful Dismissal and Unlawful Termination
Employees or ex-employees may make a claim against your business for any number of reasons. Two of the most common claims are that of wrongful dismissal and wrongful termination. The Fair Work Ombudsman provides a description of what unlawful dismissal means:
- The dismissal was harsh, unjust or unreasonable.
- The dismissal was not a case of genuine redundancy.
- The employee worked for a small business and the dismissal was not done according to the Small Business Fair Dismissal Code.
The following situations, again, according to the Fair Work Ombudsman, may be considered "harsh, unjust or unreasonable”.
- There is no valid reason for the dismissal related to the employee’s capacity or conduct.
- If there was a reason, the employee was not notified of that reason and given an opportunity to respond.
- The employer didn’t allow the employee to have a support person present at any discussions about the dismissal.
- The employee had not been previously warned that their performance was unsatisfactory.
- The size of the business, or lack of dedicated human resource management specialists or expertise impacted on the procedures that the employer followed when they dismissed the employee.
- Any other matters that the Fair Work Commission considers relevant.
Unlawful Termination
Unlawful termination is when employment is terminated due to reasons such as:
- Race,
colour, sex, sexual orientation, age, mental or physical disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
- Temporary absence from work because of illness or injury.
- Trade union membership or non-membership or participation in industrial activities.
- Being absent from work during maternity leave or other parental leave.
- Exercising or planning to exercise a workplace right by making a complaint or inquiry in relation to your employment, or participating in proceedings against an employer.
Before terminating an employee, make sure that the action cannot be considered unlawful dismissal or termination. Employment lawyers in Brisbane and surrounding areas can help to ascertain whether or not you have the legal right to terminate employment.