Unfair Dismissal claims can be stressful and costly. And then there’s the worry of somebody making an Adverse Action claim under the Fair Work Act.

  • How many warnings do I have to give someone?
  • How do I know if I qualify as a “Small Employer” under the Fair Work Act?
  • What should I do if I get a claim from an ex-employee?
  • How do I make a warning count?
  • When can I instantly dismiss someone?
  • What is the difference between Unfair Dismissal and Adverse Action?
  • What other claims can an ex-employee make? And for how long?
  • Can I sack somebody for making negative comments about the company, or me, on Facebook?
  • I have an employee who keeps not showing up for work. What can I do about it?

Knowing the answers to these questions and having the right policies and procedures in place can reduce the costs of a claim.

  • Different Minimum Employment Periods apply under the Fair Work Act for “Small Employers” (under 15 employees). Get expert advice on what your total head count is and the processes that can help defend an Unfair Dismissal Claim.
  • Ex-employees can not only make Unfair Dismissal claims, but also discrimination claims under both State and Federal law, as well as back pay and WorkCover claims. We can discuss the potential for these and other claims as well as tactics for handling a difficult employee.
  • Kane Independent Consulting can help you through all the stages of a claim, from filling in and submitting the paperwork on time, to representation at concilliation and arbitration.
  • Learn the processes required for an official warning to be upheld, before you have issues, from allowing the employee to have a support person at a meeting, to how many warnings may be necessary before dismissing someone.
  • Take the time to speak to an advisor before sacking somebody “on the spot”. Dismissing somebody for theft, assault or drunkeness still requires proof and processes.
  • We can draft customised policies to suit your business, including electronic and social media policies, and train your supervisors in how to apply them.

Tip: If an employee, permanent or casual, does not show up to start work when rostered, call them! This is not a dating game, this is an employment relationship, and the employer is usually expected to be the more responsible party. Make a diary note of when you called, what number, and what the outcome was (no answer, left message, etc). If you decide to terminate an employee for abandonment of employment you will still need proof of how you came to that decision.