Performance Management and Employment Terminations

No matter how large or small a business is, there are times when, as business owners, we need to take a step back and look at how it is structured from a people perspective and whether that structure still works for achievement of our strategic aims.  Often, a Company’s people structure has developed organically and it isn’t until problems develop or business needs change that we decide that it’s time to review what we have.

 

One of the greatest challenges line managers face is dealing with employees who are performing poorly. Many of the unfair dismissal cases heard in tribunals catalogue the mistakes of the employer just as much as the shortcomings of the employee.

 

The constantly changing and complex nature of workplace legislation has meant employers are increasingly exposed to risks associated with terminating the employment relationship. Performance Management has become a significant issue for many businesses and sound legal advice is required to reduce the likelihood of future employment disputes and to ensure that your processes are sound, fair and compliant with any legislative requirements. 

 

There are three broad categories of termination of employment. These are:

1. employee acts to terminate the contract.

2. employer acts to terminate the contract and;

3. circumstances occur which effectively terminate the contract.

 

Whether it is unfair dismissal, unlawful termination or wrongful dismissal, termination of employment is one of the most difficult issues in the workplace.

 

Aside from the impact of the decision, a challenge to the fairness or legality of an employer’s conduct involves considerable management time and expense to resolve the dispute. We assist clients to:

• Review and where necessary amend current practices and procedures to maximise the prospect of achieving a committed and productive workforce and minimise the risk of challenge to any termination being successful;

• Negotiate and document the settlements of employee/executive termination disputes;

• Represent clients in handling unlawful/wrongful/unfair dismissal cases.

• Represent clients in defending adverse action claims

 

Our professional staff provide day to day advice on performance and disciplinary matters. Depending upon the complexity of the matter and your requirements, we can advise you over the phone, in person, or in writing. Our response is tailored to your needs. We can also advise and represent you on other employment claims which may arise from the termination of employment, and include complaints under anti-discrimination laws, common law actions and general protections proceedings. We can also provide sound and current advice on employee entitlements on termination (including notice and redundancy scales or calculations, leave entitlements, bonuses etc).

 

At Hair&Beauty HRS we can also help minimise the risk to your business by providing accessible and practical advice, in real time, on issues such as performance management, misconduct investigations, termination process, summary dismissals and redundancies. We can assist you with:

• drafting or vetting letters

• advising on processes suitable to circumstances

• scripting discussions for use with employees in performance management interviews

• acting as an independent investigator of allegations against an employee, including interviewing witnesses, providing report and recommendations on action to be taken where applicable