How To Avoid An Unfair Dismissal Claim

Every day there are former employees filing claims against employers who they feel wrongfully terminated them. While some of these are valid, there are others that could have been avoided. If you are an employer and you want to avoid having this type of claim filed against you, here is some information that you will find quite helpful.

 

Address Every Offense

Sometimes small offenses are brushed off and only larger ones are addressed. This is a serious problem since the buildup of minor issues can merit dismissal, yet the person who is being let go will not see it that way. Addressing every offense by making it a point to speak with the employee will help you avoid an unfair dismissal claim since the person will be clear that continuing the offensive behavior can lead to termination.

 

Keep Detailed Records

You would be shocked at the number of employers that do not take this advice. It is very unprofessional and damaging if you are not a great record keeper. How can you prove that you have done nothing wrong when you do not have any paperwork that is backing up your version of events? As tedious and bothersome as this may seem, you should do everything in your power to detail everything and make sure your records are kept in order.

unfair dismissal claim

Consider The Offense

It is common to get so upset by something an employee has done that firing them seems like a reasonable solution. The problem is that this is not a viable way to handle every workplace issue. For instance, if you have an employee who talks too much and this leads to other people being distracted, it does not mean that you should move ahead and fire them. The proper response would be to let them know there is an issue and discuss ways to change this behavior. Jumping the gun and issuing a termination letter would be extreme in this case.

 

Treat All Employees The Same

Unfortunately, there will always be some people that are liked more than others. Even so, you should never display any favoritism in the workplace. This is a great way to put yourself in legal hot water if a disgruntled employee decides to file a claim. For instance, if an employee you adore is late often, you should reprimand them just as much as those whom you do not really care for. Otherwise, you may be seen as one-sided and it can really hurt your case.

 

Follow The Policies

In most company handbooks, there is a written policy concerning the grounds for firing someone. You should think about this when making the decision to terminate someone. If the information in said policy is ignored, you may end up being on the losing end of the claim.

Unfortunately, everyone does not take it lightly when they are terminated. If you want to avoid having unfair dismissal claims filed against you, it would be wise to digest and utilize all of this information. Of course, you cannot do it alone, hire the professional unfair dismissal lawyers Sydney.