Employees can be engaged with a variety of employment arrangements. These include awards, enterprise agreements, contracts or sometimes, Australian Workplace Agreements (AWA’s). Alternatively, some employees may have no employment contract in place at all.
When an employer is looking to terminate an employee, it is always best to have the applicable employment arrangement front of mind. This includes taking time to review all the terms and conditions, and thinking through the consequences of a termination. Taking the time to consider these steps may greatly impact the success of any claims an employee may bring in the Fair Work Commission or Court.
Employers often consider:
- What am I going to say in the termination meeting?
- Who is going to attend the termination meeting?
- What is the letter confirming the termination going to say?
- What do I need to pay on termination?
What employers sometimes forget to consider are things such as:
- What does the employee’s contract/industrial instrument/contract or our company policies say about my obligations in relation to a termination of this nature?
- What do I need to get back from the employee before they finish?
- What is the timing for the termination pay?
- What restraints are on the employee?
- Do I need to confirm the restraints on the employee in writing?
- What do I do with notice?
- Do extra steps need to be taken in relation to confidential information if an employee is working out their notice period?
If you are worried about what to do in relation to a termination, where a termination may end up, or what affect an award, enterprise agreement, contract or AWA may have on a termination, we recommend you spend 6 minutes on the phone rather than 6 months in Court. Please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.
Alternatively, if you would like assistance in considering termination options in your business, please contact your local employment lawyer lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at firstname.lastname@example.org.