One of the most difficult aspects of workplace management is disciplinary action and the termination of employment.
When employers are required to make changes to its workforce, there are a range of legal obligations and risks that need to be considered.
Advice During Employment
Olexo Workplace Law has years of experience assisting clients with the management of employee issues including poor performance, misconduct, or other capacity issues such as protracted employee illness or injury.
In relation to performance issues, we can:
- Prepare and implement performance improvement plans
- Provide advice around the setting of Key Performance Indicators (KPIs); and
- Drafting formal performance warnings.
Employee misconduct is a separate category, and we are able to assist with:
- Advice around whether misconduct constitutes a valid reason for dismissal or ‘serious misconduct’
- External, independent and legally privileged investigation services into misconduct allegations
- The drafting of show cause or allegation correspondence; and
- Attendance on behalf of employers at employee disciplinary meetings.
Where employers need advice in how to manage sick employees, or employees injured at or away from work, we can provide assistance with:
- Responding to and completing workers compensation claims
- Preparing return to work programs
- Suggesting alterations to the workplace to accommodate sick or injured employees; and
- Coordinating independent medical examinations for sick or injured employees to determine whether an employee can perform the inherent requirements of a role.
Olexo Workplace Law can assist in all aspects of workplace restructuring including:
- The meaning of ‘genuine redundancy’ both for unfair dismissal and tax purposes;
- Consultation requirements and the redundancy process; and
- Preparing and implementing the required correspondence and documentation.
Following any termination of employment, employees are able to bring a range of legal actions including:
- Unfair Dismissal
- General Protections claims under the Fair Work Act 2009 (Cth)
- Breach of Contract claims at common law
- Anti-discrimination claims
We have years of experience of advocacy in the Fair Work Commission, Federal Circuit Court and Federal Court, and can work with you through the process to minimise your legal risk and potential financial exposure.
Olexo Workplace Law has compiled a resource for employers to assist in navigating the termination of employment process to assist in minimising their legal risk.