April's FAQ

April's FAQ

  • Date: Friday 20th April 2018
  • PDF: Download

My employee has been here less than 2 years. Things aren’t working out. Can I just let them go?

The Law:

Employees are unable to file unfair dismissal claims, unless they have had more than 2 years’ service with their employer.

However, there are some exceptions to this rule. Anybody can claim automatically unfair dismissal for the following 4 reasons:

  1. They are a Whistleblower.
  2. They have been dismissed on a back of a H&S issue.
  3. The employer is guilty of discrimination.
  4. The employer has not followed their own or statutory procedures.

Our Advice:

  • In order to facilitate close-knit relationships across your workforce, honesty and transparency are extremely important.
  • If somebody doesn’t perform well, they may not be aware of it until you tell them – you must be proactive in your approach to their management.
  • Implement a thorough job description.
  • Set clear targets and objectives.
  • Invite them to raise worries or concerns and address these.
  • Be clear about your expectations.

Our standard HR Advisor policies allow you to shorten the capability review process for individuals with shorter service. However, employees must still receive a fair hearing with representation and the right to defend their actions. From an ethical perspective, an informal conversation before commencing formal meetings is also advisable.

Source: Manuela Grossmann, SSG

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