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View Full Version : Employment Separation - Don't over-think it!!



Qld IR Consultant
07-05-2012, 09:40 AM
At some stage in your career you will be called upon to effect an Employment Separation. This is unavoidable, and anyone who says they never will is kidding themselves.

It is a somewhat traumatic event for an employee. In most cases they will not truly understand why they are being terminated. Others may see it as a relief. Some will see it as an opportunity to extort money from the employer. Others will view it as an opportunity to move on to bigger and better things.

All this aside, it will be your job as the employer representative to ensure that the separation is compliant, manageable, and has little or no impact on the employer down the track.

On many occasions I have witnessed terminations that have followed no process, but more times than not I have seen where a termination should have been effected months prior, but the employer has been caught out over-thinking it.

Don't be scared to effect an Employment Separation. It's really not hard.

Whilst the legislation imposes requirements on all employers in terms of legislative compliance, your own internal processes to compliment them should not take weeks, reams of paper, or the expensive engagement of lawyers.

Employment Separations can be broken down into 3 easy to identify categories:

Conduct (Behaviour)

Performance

Redundancy

Once you have clearly identified the category that is pertinent to the separation, then you go about formalising the employment separation. Ask yourself the questions that you would be asking should it be you yourself being let go.

Was I given adequate notice of my bad performance and a sufficient amount of time to rectify it?

Was I advised of my mis-conduct or inappropriate behaviour and given an opportunity to change?

Was I provided with a support person?

Was I provided will all the allegations and an opportunity to defend myself?

Was my redundancy genuine or was I being targeted?

Was I properly consulted under the requirements of the relevant Industrial Instrument and FWA?

There are a range of questions for each category that must be answered, but each employment separation will be different. Peoples reactions and circumstances will be different, so always remember that no two employment separation events will be the same.

Whilst the threat of adverse action and unfair dismissal applications is real, you should never be scared of an employment separation.

My tip - Write your defence before you effect the separation, that way you know whether or not you've asked the right questions and got the right answers.

HeyPete
07-05-2012, 10:05 AM
Great write up.

Do you have a blog somewhere so all this good information doesn't get lost into forum-limbo?

Qld IR Consultant
07-05-2012, 10:11 AM
I'm currently having my website completely overhauled which will have a blog connected to it :) stay tuned!!

admin
07-05-2012, 10:24 AM
Great write up.

Do you have a blog somewhere so all this good information doesn't get lost into forum-limbo?

What's "forum-limbo" ?

Qld IR Consultant
07-05-2012, 11:06 AM
I think Heypete might be referring to posts being forgotten about in the sea of posts within groups/topics.

Ruschelle
08-05-2012, 09:09 AM
Great write up.

Do you have a blog somewhere so all this good information doesn't get lost into forum-limbo?

I agree. Such vital hr info as Pete's would be good to access on a particular website. Very informative, I believe.

Regards
Ruschelle (Monday, 7-May-12 @ 9am)

Moz
08-05-2012, 10:55 AM
I agree. Such vital hr info as Pete's would be good to access on a particular website. Very informative, I believe.

You can already access the information on a particular web site, this one :D

Personally I prefer forums because the information from multiple contributors IS all in one place.

I fully understand why Qld IR Consultant and other contributors who have their own business would want to set up a blog, but if everyone did that the information would be completely fragmented and you you have to go to different web sites to get a range of opinions.

The other issue I have with blogs is that threads can usually only be started by the owner of the blog. I know of some that have guest authors, but they tend to sing from the same hymn sheet.

admin
08-05-2012, 11:05 AM
We're getting completely off topic here so I'm going to close this thread.

Feel free to start a new thread under About HR Buzz (http://www.hrbuzz.com.au/forum/about-hr-buzz/) if you would like to continue the discussion of Forums vs Blogs