Got an employee you want to get rid of? It happens. One difficult part is getting rid of them safely.
How Whites Legal can help
Whites Legal assists hospitality businesses with:
- Dismissals
- Redundancy
- Avoiding unfair dismissal and unlawful termination claims
- Policies to assist with social media, sexual harassment and anti-bullying
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.