Why unfair dismissal claims are the most common in Australia
Published: December 7, 2023
Uncover the complexities of disciplinary action and unfair dismissal in the workplace with our Business Development Partner, Will Mendoza. As an employer, it is crucial to understand your obligations and responsibilities.
Read Transcript
Unfair dismissal claims are the most common
complaints made to Fair Work,
and employees
can be awarded up to 26 weeks
pay and even reinstated back
into the business.
Monetary fines aside,
dealing with these claims
is time consuming
and can seriously disrupt your business.
So if you need to terminate an employee,
we need to ask, is this an issue of skill
or will?
Disciplinary action
is taken by an employer
for any willful breach of policy
or procedure by an employee.
Where businesses tend to fail
is the internal process that they follow.
Often unfair dismissal claims arise
not because the employer
terminated the employee
for the wrong reasons,
but because the process
that they followed was unfair or unjust.
As an employer,
you may have the right reason
to terminate an employee,
but if you're unaware of the correct
disciplinary and dismissal process
to take outlined by Fair Work,
this could lead to a claim against you.
So, what is disciplinary action?
When an employee willfully breaches
any workplace policies
or procedures, employers
can take disciplinary action
against them.
There are many types of these breaches,
including health and safety breaches
and other forms of misconduct.
Actions taken can be in the form
of letters of concern,
warning letters
and in some cases, even termination.
Importantly,
the employee needs to be informed
of the allegations
and given a chance to respond to them.
Their response needs to be considered
before the employer decides
to take any action.
Regardless of the industry
you're in,
you need to understand the obligations
and your rights in disciplinary issues.
So it's crucial
to be well informed and supported
through the process.
Employsure’s service provides a 24/7
point of contact for professional advice
on every aspect of employment relations.
We can offer documentation, advice
and onsite face-to-face training and assistance
through the disciplinary process.
We work with thousands of businesses
across Australia and New Zealand,
so call us today
and find out more how we can help you
build a better business.
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