An Unfair Dismissal: What is it?
Unfair dismissal occurs when an employee's contract ends without a valid basis. It could additionally be referred to as an illegal dismissal.
Another word you may hear is "unfair redundancy," but "unfair dismissal" is the official terminology used in employment law.
If you fire an employee for any of the following reasons, an employment tribunal—which some companies wrongly refer to as an unfair dismissal tribunal. This thing will rule that the dismissal was unreasonable.
- An explanation that was inherently unfair.
- Without conforming to a just process for termination.
However, a quick explanation cannot capture the complexity of this employment law problem. Additionally, it's critical that your company comprehends the proper way to handle workplace unfair dismissal.
If you don't, you might have to go through an expensive employment tribunal procedure.
How To Avoid An Unfair Dismissal Claim?
Unfair Dismissals Australia offers a few easy suggestions to help your business avoid the expense, inconvenience, and reputational harm that an unfair dismissal can cause.
- Provide employment documentation that is effective.
The performance and behavior expectations for an employee should be outlined in a well-written employment contract and a thorough set of policies.
The policies ought to specify the course of action to be taken in the event that those requirements are violated. Make sure that copies of the employment contracts for each employee are maintained and that your staff members are aware of and have access to the company's policies and procedures.
- HR and training on equality
SMEs who lack access to an internal HR department or who have little to no awareness of employment law may find themselves in hot water when it comes to accusations of unfair dismissal.
Employers must ensure that terminations are well considered in advance and are not made in response to an employee's behavior on the spur of the moment.
You may ensure that the dismissal process is carried out legally by offering training to all staff members involved. Additionally, by making sure all employees receive equality and discrimination training in the first place, you might be able to fully prevent a tribunal!
- Reasons that are reasonable for dismissal
The Employment Rights Act of 1996 lists five acceptable causes for termination:
behavior or misconduct;
- Achievement;
- Continuity
- illegality under the law or violation of a law;
- A few more important ones.
- Adhere to an impartial disciplinary protocol.
A just disciplinary process ought to comprise:
- Paying close attention to the worker.
- Conducting comprehensive research (taking into account pertinent records and, if necessary, interviewing witnesses).
- Keep an eye out for any favorable conditions.
- Safeguarding confidentiality whenever feasible and providing the opportunity to challenge the ruling.
Both business policy documents and regulatory regulations should be complied with by the technique being implemented.
- Make written notes and follow up on meetings.
Every note that is taken needs to be precise and recorded right away. They will support the argument for the impartiality of the process followed and the logic of any choices taken. This should also be explained to the employee in the follow-up letter, along with the outcome and any necessary next actions.
- Treat every employee in the same way.
If there are or were any mitigating circumstances present, it can be exceedingly difficult to justify any disparity in the treatment of particular staff employees when compared to scenarios involving essentially the same claims.
- Consult employment lawyers as soon as possible.
Retaliation claims can be expensive, damaging to one's reputation, and time and resource-consuming.
To find out where you stand and make sure your case is as strong as possible, see a qualified employment law advisor as soon as you can. In the long term, this will save you money.
Final Thoughts
By being aware of the law, adhering to fair procedures, making sure the basis for unfair dismissal claims is legitimate, and respecting the rights of their employees, employers can defend themselves against charges of unfair dismissal.
Other essential tactics include keeping detailed records and being aware of automatically unjust grounds for termination.
About Unfair Dismissals Australia
The Unfair Dismissals Australia has been providing advice and experienced representation for unfair dismissal to Australian employees. We will be there for you every step of the way. Please contact us if you need help with an unfair dismissal claim in Australia.
