Dismissal Is Made Easier By Being Prepared

It pays to be prepared for the worst, even in the best of employment relationships. When recruiting staff for your business also be prepared for the changing nature of any relationship and the possibility of dismissal further down the track.

When you employ staff probably the thing farthest from your mind is having to terminate them at some later date. Yet even the best of employment relationships can sour.

Dismissal is never a pleasant or easy management function. However being prepared for such a possibility, though not necessarily the solution for all future problems, will definitely help you avoid unnecessary ones. And importantly, free up your time for running your business.

The following advice is relevant no matter whether your employees are under Federal or State awards, agreements, enterprise agreements or individual contracts.

9 Steps to avoid dismissal problems

1. Specify carefully what you want and expect when you hire new employees.
   
   
2. Establish clear, unambiguous policies on a range of relevant workplace issues which are known to all your staff.
   
   
3. Put these policies, which should include termination of employment, in writing and make them easily accessible to all your staff.
   
   
4. Treat an employment contract like any important contract – take time to get it right.
   
   
5. Provide a copy of the job specifications to the prospective employee and any relevant manager who is responsible for this staff member.
   
   
6. Instigate a probationary period – usually three months – as this trial period is beneficial for both parties.
   
   
7. Ensure you refer to termination of employment in the job specifications.
   
   
8. Ensure that the agreed period of notice is stated.
   
   
9. Flag any behaviour that would constitute a serious breach of the employment contract and indicate the consequences.

Some more helpful advice:

• Make sure that it's clear who has the power to hire, fire and discipline.
  
  
• No matter how big or small your practice, put together a policies and procedures manual.
  
  
• Keep a 'staff notes' journal or similar document.
  
  
• Give your office managers/supervisors some guidance and training.
  
  
• Where possible try counselling and guiding the problem to improve performance.
  
  
• Where this counselling does not work then you must express your concerns in writing. Keep copies and follow-up.
  
  
• Make sure you make genuine attempts to improve the employee's performance in the areas outlined in the letters.
  
  
• It is advisable to give two warning letters PLUS a final warning letter.
  
  
• Where there is no improvement then the letter of dismissal is the final step.
  
  
• Try to avoid on the spot or summary dismissals except for an employee who has committed a gross breach of his/her contract of employment.
  
  
• Do not delay a dismissal decision once it has been determined.
  
  
• Give the employee a chance to state his/her case. (Federal law requires this.)
  
  
• Get help quickly if matters look like they are getting out of hand.
  
  
• The termination interview should be in the presence of witnesses - one for the employer and one for the employee.

Reprinted with permission of NSW Business Chamber. For more information about this article or NSW Business Chamber, its products, services and membership, please call 13 26 96 or visit the web site: www.nswbusinesschamber.com.au
First published: 17 June 2002.
Last updated: 11 November 2004.