If you’re faced with this situation we can guide you with a simple step-by-step plan to manage your particular circumstances and minimise risk.
An employer may decide to end employment for a number of reasons, one of the questions we answer most often is around redundancy versus termination.
Your decision to terminate or dismiss an employee needs to be considered in line with Fair Work Australia guidelines. Your employees have extensive rights and you have obligations to them.
It is critically important that these obligations are met in accordance with Fair Work guidelines to minimise an employer’s exposure to potentially costly repercussions.
Claims for unfair dismissal can typically be brought by an employee with little to no risk of cost to themselves, however costs to the business to defend these claims can be very significant in terms of both time and money.
Following the introduction of the Fair Work Act in 2009, the volume of unfair dismissal cases trebled within a couple of years. Of those, more than three quarters of these cases are settled in the ‘conciliation’ stage, which for the most part means a cash settlement was made by the employer in question.
There is no need to get to this stage. At Cornerstone we have handled many matters that could have escalated into unfair dismissal claims by diligently following the process laid out by Fair Work Australia such that our clients can prove their decision to terminate was fair, reasonable and justified.
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