The Fair Work Act 2009 has a number of requirements around terminating the services of an employee.
Each instance must be on its own merits and employers must afford the employee Natural Justice and Procedural Fairness. This involves inviting the employee to have a support person of their choice, the right to know what the issues are, the right to answer to the complaint (fair hearing), non-discriminatory, notice periods (if applicable) and a termination letter.
The Employer also has rights: the right to manage their business and make reasonable work instructions.
It is critical in all instances of termination of employment, that the employer take detailed notes of all conversations held.
If the employer steps outside the requirements of the Fair Work Act, they expose themselves to hefty fines and legal action.
If you are unsure of how to exit an employee or you have a difficult employee you need to exit from your business, please contact Solutions for Human Resources.
phone: 0429 410 991