How to fire someone – Page 2 – HR Industry Interviews

Interviews from the A Better HR Business podcast

Tag: How to fire someone (Page 2 of 2)

Victoria – Good Workplace Law Advice

At HRwisdom, as an HR resources website that helps Victoria employers with staff management and human resources issues, we have high expectations when it comes to providers of good workplace law advice Victoria.

Victoria Good Workplace Law AdviceThis is particularly important when we continue to face ongoing changes to legislation that affects management of staff in Victoria.

This includes pay and conditions, unfair employment termination, workplace health & safety, discrimination and other such areas.

[box type=”note”]Click here to get: Victorian Employment Law Advice [/box]

Being well-organised and having the right advice before things go wrong is the best way to manage any business.

 

Good Workplace Law Advice of Victoria

The types of issues that employers in Victoria regularly seek well-considered advice on include:

  • Dealing with unfair and adverse action claims
  • Restraint of trade clauses
  • Handling under-performing employees
  • Dealing with workplace redundancies
  • Drafting of employment contracts
  • Correctly following awards
  • Workplace health & safety incidents
  • Discrimination and harassment allegations
  • Fair Work Ombudsman issues
  • Establishing new enterprise agreements
  • Buying and selling enterprises
  • Union right of entry
  • Dealing with government inspectors
  • And other such legal issues

These are the types of challenges that can seriously affect the performance, profitability, and standing of any organisaation.

HRwisdom have been fortunate to find a selection of friendly and professional Workplace Law Advice firms that really know their area.

One of the big things we prefer about these firms is their focus on being fast-moving so that you can prevent dramas before they arise.

This is important because unfair dismissal claims, hiring contract arguments and other such problems tend to appear right when your all-important report is due or just as you’re about to give a major talk.

[box type=”note”]Click here to get: Local Employment Law Advice [/box]

Having your employment systems and processes assessed and quickly in place is definitely the best way to prevent the majority of workplace claims and disputes.

Good Workplace Law Advice in Victoria

Whilst it is up to you which lawyers you use, HRwisdom trusts and enjoys dealing with these smart, friendly and on the ball employment law teams.

You can find their contact details right here:

Click here to see your: Workplace Law Advice” href=”https://hrwisdom.com.au/employment-lawyers/” target=”_blank”>Local Employment Law Experts

HRwisdom

Good Workplace Law Advice in Victoria Related Video

 

[youtube http://www.youtube.com/watch?v=NkVveW5-lSQ]



Home

Good Workplace Law Advice SA

At HRwisdom, as an HR resources website that helps SA businesses with staff and human resources issues, we have high expectations when it comes to providers of good workplace law advice SA.

Good Workplace Law Advice SAThis is particularly important when we continue to face ongoing changes to legislation that affects employers in SA.

This includes pay and conditions, unfair termination, occupational health & safety, anti-discrimination and other such areas.

[box type=”note”]Click here to get: SA Employment Law Advice [/box]

Being well-organised and having the right advice before things go wrong is the best thing to manage any business.

 

Good Workplace Law Advice of SA

The types of problems that businesses in SA regularly seek expert advice on include:

  • Handling unfair and adverse action claims
  • Restraint of trade clauses
  • Dealing with} under-performing employees
  • Handling workplace redundancies
  • Drafting of employment contracts
  • Dealing with awards
  • Occupational health & safety incidents
  • Discrimination and harassment claims
  • Fair Work Ombudsman issues
  • Bargaining for enterprise agreements
  • Buying and selling businesses
  • Union representative right of entry
  • Responding to government inspectors
  • And other such legal issues

These are the types of hurdles that can seriously impact on the performance, profitability, and well-being of any employer.

We have been lucky to find a number of friendly and professional workplace law advice firms that really know their stuff.

One of the key things we like about these legal firms is their focus on being proactive so that you can prevent dramas before they arise.

This is important because unfair dismissal claims, employment documentation disputes and other such hassles tend to appear just when your major report is due or just as you’re about to give a significant briefing.

[box type=”note”]Click here to get: Local Employment Law Advice [/box]

Having your workplace systems and processes audited and properly in place is definitely the best way to prevent the majority of workplace claims and disputes.

Good Workplace Law Advice in SA

Whilst it is your decision which lawyer you use, HRwisdom trusts and enjoys dealing with these smart, pleasant and on the ball workplace legislation advisors.

You can find their contact details right here:

Click here to see your: Local Employment Law Experts

HRwisdom

Good Workplace Law Advice in SA Related Video

 

[youtube http://www.youtube.com/watch?v=avdxCuEi5yw]



Home

Good Workplace Law Advice QLD

At HRwisdom, as an advisory website that helps QLD businesses with staff and human resources issues, we have high standards when it comes to providers of good workplace law advice QLD.

Good Workplace Law Advice QLDThis is particularly important when we continue to face ongoing changes to legislation that affects employment in QLD.

This includes pay and conditions, unfair dismissal, workplace health & safety, discrimination and other such areas.

[box type=”note”]Click here to get: QLD Employment Law Advice [/box]

Being well-organised and having good advice before things go wrong is the best way to manage any business.

 

Good Workplace Law Advice of QLD

The types of {problems|topics|issues} that {businesses|organisations|employers} in QLD regularly seek {trusted|expert|well-considered} advice on include:

  • {Handling|Managing|Dealing with} unfair and adverse action claims
  • Restraint of trade clauses
  • {Handling|Managing|Dealing with} under-performing employees
  • {Handling|Managing|Dealing with} workplace redundancies
  • Drafting of employment contracts
  • {Correctly following|Working with|Dealing with|Interpreting} awards
  • {Occupational|Workplace} health & safety incidents
  • Discrimination and {bullying|harassment} {claims|allegations}
  • Fair Work Ombudsman {issues|claims|investigations}
  • {Bargaining for|Negotiating|Establishing} enterprise agreements
  • Buying and selling {enterprises|businesses}
  • {Union official|Union representative|Union} right of entry
  • {Managing|Dealing with|Responding to} government inspectors
  • And other such legal issues

These are the types of {problems|issues|challenges|hurdles} that can seriously {impact on|affect|drag down} the performance, profitability, and {standing|reputation|well-being} of any {organisaation|business|employer}.

{HRwisdom|We} have been {fortunate|lucky} to find a selection|handful|number} of friendly and professional Workplace Law Advice firms that really know their {topics|stuff|area}.

One of the {big|main|key} things we {prefer|like} about these {law firms|firms|legal firms} is their focus on being {fast-moving|proactive} so that you can prevent {dramas|problems} before they arise.

This is important because unfair {termination|dismissal} claims, {hiring|employment} {documentation|contract} {disputes|arguments} and other such {problems|hassles} tend to {arise|appear} {just|right} when your {important|major|all-important} report is due or just as you’re about to give a {significant|major} {talk|briefing|presentation}.

[box type=”note”]Click here to get: Local Employment Law Advice [/box]

Having your {workplace|employment} systems and processes {assessed|audited} and {correctly|quickly|properly} in place is definitely the best way to prevent the majority of {employment|workplace} claims and disputes.

Good Workplace Law Advice in QLD

Whilst it is your choice which lawyer you use, HRwisdom trusts and enjoys dealing with these professional, pleasant and on the ball workplace legislation firms.

You can find their contact information right here:

Click here to see your: Workplace Law Advice” href=”https://hrwisdom.com.au/employment-lawyers/” target=”_blank”>Local Employment Law Experts

HRwisdom

Good Workplace Law Advice in QLD Related Video

 



Home

Warning Letter Template For Australian Employers

If you are looking for a warning letter template for Australian employers to help manage an underperforming employee in your organisation, HRwisdom has one for you to download for free now.

You can buy HR documents here.

Written Warning Template for Australian EmployersWhilst there is no legal requirement to provide formal written warnings, it is good business practice to do so. It will also strengthen your case should you ever be faced with a claim of unfair dismissal.

If it does go from underperforming or poor behaviour in the workplace through to termination and an unfair dismissal claim, the industrial commission will examine whether you warned the employee and provided a reasonable opportunity to improve their performance and conduct.

You should always seek expert advice in disciplinary matters because warnings may not be deemed appropriate in some cases of serious misconduct.

When disciplining an employee, the Australian Government recommends:

  • Clearly identifying the performance or conduct issue. This involves looking at how serious the problem is, how long it has existed and what actions you are going to take to address it.
  • Meet with the employee to identify and resolve issues before the situation becomes worse, clarify your expectations of the employee, and agree on solutions to improve the situation. During these discussions, it is very important that you do not set requirements or targets that are discriminatory, unlawful or otherwise unreasonable. Again, this is where professional legal advice is highly recommended.
  • Your disciplinary letter should include the details of the performance or conduct issue of concern, what has been discussed with the employee about the issue, what the employer will do to assist, an action plan of what steps the employee needs to take, and a reasonable time frame in which the changes or improvements need to occur.
  • Employees are not required by law to sign a copy of the letter.

Of course, regardless of how well your conduct your performance management process, the employee may still make an unfair dismissal or discrimination complaint or claim against you.

However, the better prepared you are and the more thorough you are in your processes, the better the chance of defeating the claim.

Get your free international money transfer with this special HRwisdom code: https://www.currencyfair.com/?channel=RCFL11

Warning Letter Template

If you would like to download a Government template for written warnings, click here:

Download Written Warning Notice Template

Worrying Workplace Law Statistics Affecting Australian Employers

Today’s HRwisdom Blog post contains some very concerning workplace law statistics for any Australian business.

We also share advice on how to prevent these problems from happening to you.

The President of Fair Work Australia (FWA) is required by the Fair Work Act to provide regular updates to the Minister for Workplace Relations.

Worplace Law Report

The latest quarterly report covers July 2012 to September 2012 and, even though it was only a short time period, there are some concerning things to note.

Unfair Dismissal Concerns Affecting All Australian Employers

Has employing people become any less risky?

How many claims were dismissed because the dismissal was a case of genuine redundancy? Three.

How many claims were dismissed because the dismissal was consistent with the Small Business Fair Dismissal Code? One.

How many unfair dismissal cases were settled without a decision being made? 3307.

Much as we hate it, the majority of employers know that unfair dismissal claims are usually settled ‘on the steps’ before it goes to court – even if the employee was terrible and the business did the right thing and followed due process. Unfortunately, it is purely a commercial decision,

That’s one big reason why you need to already know and trust good employment lawyers before something goes wrong.

Industrial Action (Strikes)

In the area of Protected Action and Industrial Action, there were 476 applications for protected ballot orders and 31 applications to get the protected industrial action period extended.

Union Right of Entry Into The Workplace

In the area of Union Right of Entry into the workplace, there were 489 applications for right of entry permits and 498 were actually issued.

Flexible Working Arrangements Disputes

On six occasions, Fair Work Australia was asked to deal with disputes between an employer and the organisation regarding the use of flexible working arrangements.

Enterprise Agreements

There were 2108 applications for the approval of enterprise agreements.

  • However, there were 93 applications for FWA to deal with bargaining disputes made under section 240.
  • In the area of General Protections – Compliance, there were 543 applications for FWA to deal with disputes made under section 365.
  • There were also 134 applications for FWA to deal with disputes made under section372.

Confused?

It’s a good reason to work out a game plan before these sorts of issues arise.

Workplace LawWe recommend being proactive and making contact with good employment lawyers early.

By being proactive and having your legal advisors in place before anything goes wrong, you can often significantly reduce your risks.

By being proactive, you can quickly audit your current position on workplace law compliance.

You can then identify clear strategies and action plans to fill any gaps.

Workplace Law Recommendations

You can see our legal advice recommendations here:

Workplace Law Video

HRwisdom

How To Avoid The Nasty Side Of Employee Relations

Most people have seen the nasty side of employee relations gone wrong at work.

Examples include:

  • Being caught out by government inspectors for using an incorrect pay formula after misinterpreting an industrial pay award or agreement.
  • Underperforming staff members claiming “harassment” or “bullying” by their manager or supervisor who has been clumsy in their attempts to apply the company’s performance management policy.
  • Employees leaving the company and then poaching key staff.
  • Facing backpay claims by not being clear enough on the Employee vs Contractor issue.
  • Not having solid employment contracts in place.
  • Botching staff terminations and redundancies (creating a terrible working atmosphere for those who remain).
  • Not knowing how to handle unions in the workplace.
  • Discrimination claims made and eventually costing the business time and money.
  • Strikes or threatened industrial action poisoning a previously positive workplace relationship with the employees.

What Proactive Organisations Do

To save themselves the headache, proactive organisations tend to tick the following four items off the To Do list as soon as possible:Free HR & Staff Management Documents

  1. Have all employment law documentation (including HR policies, procedures, letters and forms) in place.
  2. Train all staff in the existence and the proper use of these human resources documents.
  3. Provide good employee relations training to all supervisors and managers.
  4. Have independent legal advice assess the documentation, processes, training before, not after, things go wrong.

Smart businesses add a 5th item to their list . .

The 5th item is to keep up to date with good workplace legal advisors so the business is ready for any problem that may arise.

Download Free HR & Staff Management Documents

You can download free staff management documents and details of legal advisors on a regional basis here:

Click here: Employment law advice

 

HRwisdom

New Free HR Templates Added To HRwisdom

New Free HR Templates Added To HRwisdom

HRwisdom has updated its resources and added more free HR templates and resources.

The documents are stored in State/Territory sections.

The free HR templates and resources come from a variety of sources including HR experts and government departments.

Free HR TemplatesThe free HR templates and management resources include:

  • Employee Attraction & Retention Guide
  • Employee Warning Letters
  • Unfair Dismissal Guide
  • Recruitment & Selection Guides
  • Employee Probation Letters
  • Employment Contract & Employment Letters
  • Employee Dismissal Letters
  • Redundancy Information & Documentation
  • Information on Discrimination, Bullying & Harassment
  • Parental Leave Information & Documents
  • How To Make An Enterprise Agreement
  • Flexible Work Information & Documents
  • Unions & Industrial Action Information
  • Best Interview Questions & Answers
  • Managing Generation Y Guide
  • And much more . . .

Get started now by using the login form on the right-hand side →
[hr]

Get Your Free HR Templates & Reports

Here are some examples of some of the additional free HRwisdom HR resources:Free HR Templates

  • Employee Attraction & Retention Guide
  • 15 Ways To Manage Staff In Uncertain Times
  • Sample HR Letters To Employees
  • How To Find & Keep Good Employees
  • Employee Contract of Employment Templates
  • How To Manage Redundancies Without Destroying All Employee Goodwill
  • The Changing Labour Market
  • Train The Trainer Course Guide

Already a free member? Login here.

How To Fire Someone

How To Fire Someone

The question of how to fire someone is not a pleasant one but it is one that is being asked by more and more companies of all sizes as they feel the strain of ongoing economic uncertainty.

Remember to get free HR documents & employment law templates right now (use the form on the right-hand side of this page).

Alternatively, click to create customised termination letters and other HR documents.

How To Fire SomeoneThe question of how to fire someone has been highlighted recently with debate on unfair dismissal laws for small businesses and with announcements by large companies such as QANTAS and BHP Billiton that more job losses are imminent.

The George Clooney movie “Up In The Air” raised the profile of the redundancy process.

The film featured a corporate HR redundancy expert whose role was to fly from city to city making staff redundant as part of his firm’s outsourced outplacement service. At one stage, Clooney’s firm even explored the technical “advance” of conducting employee dismissal meetings via computer video linkups.

Perhaps more useful is the recent article published by the Wall Street Journal which shared some ideas on the unpleasant question of how to fire someone.

The article included feedback from different HR experts.

How To Fire Someone

Here are some of the suggestions on how to fire someone . . .

Say it yourself. The main bearer of bad news should be the employee’s direct manager. Otherwise, an employee may wonder whether the supervisor even supported the decision, and that could raise concerns over the merit of the termination.

Bring a witness. Having another manager or HR representative present helps to avoid a game of he-said, she-said if the employee retaliates with legal action. A third party also can ensure that the conversation remains on topic and professional.

Get it in writing. The moments after receiving bad news tend to be a blur, and the employee might not remember details such as how to get that final paycheck or when to sign up for [government support]. Have a written list of information on hand so the employee can process it later.

Keep it quick and make it less of a conversation and more of a notification. Cap the meeting at 15 or 20 minutes.

Be specific. Our imaginations can be our worst enemies, so the more employees know about why they’re being fired, the less likely they are to wonder about more nefarious motives, such as gender or age discrimination. Now is a good time to rehash some of the missteps an employee has made, such as missing sales quotas or ignoring warnings about unprofessional behavior.

Click to create customised termination letters and other HR documents.

Don’t apologize. Saying you’re sorry suggests that the manager is disappointed with the decision, which could leave the employee wondering whether the firing really was fair… Comments like “This is actually a good thing for you” are also inappropriate, since the manager offering such platitudes is still gainfully employed.

Do it on Friday. Or Monday. Or Wednesday. There is no consensus on the best day to fire someone. Fridays make the departure less dramatic but could leave the employee stewing over the weekend; Mondays allow a rapid-response job hunt but highlight that the employee’s calendar is clear for the rest of the week. The answer? Don’t dawdle. Make the notification as soon as you make the decision.

The article also made the basic but the sometimes overlooked suggestion to keep calm throughout the process and allow the employee to maintain some dignity by sticking to a private setting.

Feel free to share this article with friends and colleagues.

HRwisdom

Newer posts »