понедельник, 28 июля 2014 г.

Австралия. Соблюдение процедуры увольнения работника. Работник должен понимать, что пока он не докажет свою компетентность, его возможность работать у нанимателя остается под вопросом.

Workplace Bulletin
Home | About UsTwitter LinkedIn

Why you need to understand ‘procedural 


Monday, 28th July 2014, by Loran McDougall

In today's Workplace Bulletin:
  • 5  important aspects of procedural fairness
Dear Reader,

This month, the Fair Work Commission cited a lack of procedural fairness as a significant factor in an unfair dismissal case.
Procedural fairness (sometimes referred to as natural justice) means that you, as an employer, must give an employee a fair and reasonable opportunity to respond to matters or evidence that you believe justifies termination.
The case, which Charles Power outlines below, is a good reminder that a lack of procedural fairness could make you liable for unfair dismissal. This could occur even if:
  • you have a valid reason for dismissing the employee; and
  • dismissal is a fair and proportionate response to the problem.
Read on to find out what you need to do to ensure that you follow procedural fairness.
Until next time,
Jessica Oldfield
Loran McDougall
Workplace Bulletin
Do you:
Understand ALL the risks involved when making an employee's role redundant while they are on parental leave?
Have a fully up-to-date Flexible Working Arrangements policy in place for employees who need to assist in the care of a family member?
Understand the consequences of refusing an employee's request to work part time?

5 important aspects of procedural fairness

by Charles Power
Editor-in-Chief, Employment Law Practical Handbook

In Cameron Larchin v Markinol Fisheries Pty Ltd (2014), a deckhand was dismissed because his employer believed that he did not have the capacity to properly perform his job. When the FWC found the dismissal to be unfair, its reasons included that:
  • the employee was not warned that his job was at risk; and
  • the employee was not given a genuine opportunity to respond to concerns that he did not have the capacity to perform his job.
5 things you must do to follow procedural fairness
To ensure that you follow procedural fairness when you’re considering dismissing an employee, do the following five things:
  • Give the employee a clear warning. In doing so, you should:
    • advise the employee that, unless they improve their conduct or performance, their employment may be at risk;
    • give the employee a reasonable amount of time to improve; and
    • offer the employee training or the opportunity to develop their skills.
  • Ensure that the employee understands the issues, and the consequences, in sufficient detail.
  • Provide the employee with an opportunity to respond to your reasons for wishing to terminate their employment.
  • Allow the employee to have a support person present at any meetings concerning their potential dismissal.
  • Ensure that you, and any other decision-maker, are unbiased.
Charles Power
Charles Power

Employment Law Practical Handbook

Like the Workplace Bulletin? Check out our other free bulletins:
Health & Safety BulletinHealth & Safety BulletinAll the latest tips, tools and strategies you need to help you stay on top of health and safety laws. Click here to sign up now.

Smart Tax BulletinSmart Tax Bulletin Make sure you stay completely in the know about important tax developments before they arise. Click here to sign up now

Self-Managed Super FundSelf–Managed Super Fund Bulletin
Receive all the information, ideas and tips you need to manage your own super fund. Click here to sign up now.

Please whitelist the Workplace Bulletin to make sure you get every edition delivered to your inbox.
The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2013 Portner Press Pty Ltd All Rights Reserved.
Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions.
Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911.
Workplace Helpdesk: Paid subscribers to the Employment Law Handbook can ask our experts for advice.
Syndication: To republish a Workplace Bulletin article, please email cs@portnerpress.com.au for information.
Workplace Bulletin ISSN 1836-117X
Portner Press Pty Ltd
96-98 Bridport Street
Albert Park VIC 3206