Sometimes staff can’t keep working in the business. Whether it’s misconduct, not following policies, attendance or fraud – it can be tempting to fire on the spot and just get rid of them.
Dismissing someone the wrong way or letting emotions rule can lead to disastrous consequences – and a swift court case. There should be a reason why you’re giving someone the boot – you can’t fire someone because they don’t make coffee the way you like it!
If there are areas they need to improve, give them space, time and support to do better. Without a full performance management process, sacking someone for not pulling their weight might put you in hot water.
Why can’t I just fire someone?
If proper procedures and investigations aren’t carried out, the Fair Work Commission (FWC) may find that a staff member was dismissed unfairly or unlawfully.
Every day, the FWC tribunals rule on new court cases and can award tens of thousands of dollars and can cost even more in legal fees.
Nobody will sue me!
Small businesses appear quite frequently at a tribunal, not because of bad bosses, but often because the right way of doing things hadn’t happened.
Airing grievances in calm, structured and a mediated manner can help avoid heated and regrettable decisions.
If you’re thinking of sacking someone, speak to the experts at The HR Dept before you end up in court!