There may be times when you have to find alternative employment for one of your employees. This could be because of a change in their personal circumstances so they cannot do their job or meet the obligations in their contract. Or it could be a change in your business with potential redundancies.
It may be possible to avoid redundancy by offering an employee suitable alternative work. Whether the role is suitable for them, depends on the status, pay and benefits, location, working environment or hours of work. If there is a suitable alternative position and you do not offer it, your employee can put in an unfair dismissal claim.
If an employee has a change in their personal circumstances, they may be unable to do their usual job. For example, if they lose their driving licence, they can no longer drive for work. This does not necessarily mean you need to dismiss them, so look for reasonable alternative duties. If this situation has happened before, look at what you did last time.
When the change in the employee’s personal circumstances means they cannot fulfill the obligations in their contract, you have to consider suitable alternative positions. Sometimes they may agree to take a lower paid role. Once again, be consistent with what you have done before.
Employsure can advise you on finding alternative employment in different circumstances.
For peace of mind, please call our 24 hour Advice Line now on 1300 651 415.