Trouble with employees

Employment issues 2017-06-01T13:06:10+00:00
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.

Let’s get you started

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