Got an employee you want to get rid of? It happens. One difficult part is getting rid of them safely.
Employee caught with a hand in the till?
- Let’s say you have an employee who’s done something that you just know is the wrong thing. They’ve got to go. You want them gone on the spot.
- We usually counsel against sacking on the spot. It’s appalling to see a hospitality business in trouble because of some procedural error.
- Instead, consider the following:
- Send them home. Tell them you’re sending them home and you haven’t made a decision to sack them
- Make a careful, written note of what happened. Perhaps send an email to yourself.
- Call us when you’ve had a chance to clear your head.
Unfair dismissal versus unlawful termination
- Unfair dismissal is where your former employee thinks the termination was harsh, unjust or unreasonable.
- Unlawful termination is sacking because:
- Discrimination – whether it’s race, colour, sex, sexual preference, age and so on. Here’s the rest.
- Temporary absence from work because of illness, injury, maternity leave, paternity leave, volunteer emergency service
- Union membership or non-membership, union activities, representing employees and industrial action.
- Filing a complaint, or participating in proceedings against an employer.
Small business and unfair dismissal
- Fewer than 15 employees?
- Follow the Small Business Fair Dismissal Code. If you’ve strictly followed the checklist then the dismissal will be deemed to be fair.
- Can’t be unfair dismissal if it’s within the first 12 months.
- This is different from unlawful termination.
Early days – probation period
- More than 15 employees?
- It can’t be unfair dismissal if it’s within the first 6 months of employment?
- Different from unlawful termination.