How to avoid an unfair dismissal.

An unfair dismissal is when an employee is dismissed from their job in a manner that can be described as “harsh, unjust or unreasonable”. As an employer, it is your role to ensure that every employee is treated fairly, even if this means ultimately terminating their employment. However, you should also ensure that the employment relationship is a strong one.

There are key things that you can do to ensure that the employment relationship begins on the right footing. These include:

1)     Having an employment contract

2)     Understanding that employees need to be employed for at least 6 months before they can apply for unfair dismissal, unless you are a small business in which case it is at least 12 months

3)     Understanding what it means to be a small business under the Fair Work Act

While this is a good start, you may still find yourself in a position where you need to take action against an employee. If this is the case, you can find excellent information here:

·        https://www.fwc.gov.au/unfair-dismissal

·        https://business.gov.au/people/employees/end-employment

·        https://www.fairwork.gov.au/ending-employment/unfair-dismissal

If, despite using all of these resources, you are still unsure of the process, please call us and ask for help. From our perspective, it is much better to be able to work through an issue with an employer prior to dismissal than having an initial meeting based on reviewing a former employee’s application for unfair dismissal (known as a Form F2).

Please feel free to call us on (08) 8941 6355 should you wish to discuss any employment issues.