Procedural Considerations
Where you believe you are being performance-managed out of the business, do everything within your power to meet the demands of your employer.
Sometimes the more difficult they make it for you the better off you are in terms of bringing a subsequent claim should you be dismissed. Under no circumstances should you resign your employment unless you have received legal advice to that effect.
Most major companies have an HR department whose task it is to assist management. It does not matter how well you know the HR director or any HR staff, do not go to them for assistance except on minor matters otherwise it is highly likely to rebound on you. Where you are invited to a meeting where performance issues are raised do not make any admissions and make sure that you provide properly considered replies before committing yourself.
Always take notes from commencement to ensure that nothing which is dealt with in that meeting is left out as it may prove to be of fundamental importance at some future time should your services be terminated. Wherever possible try to maintain the status quo. If at all possible where circumstances warrant it, have a support person attend any disciplinary meeting with you. This is essential to avoid misunderstanding particularly where your employer is accompanied by another member of staff to ensure no misunderstanding will arise.
Procedural Considerations Articles
Employment Law - Redundancy - Unfair Dismissal - Should Employers Offer a Lower Paid Position to Employees?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to review Margolina v Jenny Craig Weight Loss Centres Pty Ltd [2011]FWA 5215. This case addressed issues of whether it would have been reasonable to redeploy the employee into a lower paying position when she was made redundant. She argued that it was not a genuine redundancy as the employer never offered her alternative employment in a lower paid position.
Employment Law - Unfair Dismissal or a Genuine Redundancy? When is Redeployment Reasonable?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
A common issue in termination of employment is determining whether the employee has been unfairly dismissed or made redundant. The employer may have told the employee that it is a genuine redundancy.
Employment Law - Unfair Dismissal and Discrimination Provisions
Date: December 07, 2010
Author(s): LAC Lawyers
If you can answer yes to any of the following questions then this article on Unfair Dismissal and Discrimination is for you
Unlawful Discrimination Claims and Limitation Periods
Date: December 01, 2010
Author(s): LAC Lawyers
Having established your right to make an unlawful discrimination claim, the next step that one needs to consider is the limitation period for the lodgement of such a claim.
Employment Law - The Rights of an Employer and their Employee
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
With the Law in this area constantly changing, many employers and employees are uncertain as to their rights with respect to such things as employment contracts, termination of employment and redundancy.
Employment Law - You Have Been Terminated, Does it Amount to Unfair Dismissal?
Date: October 08, 2010
Author(s): LAC Lawyers
Organisations with It is becoming more rampant in the current times that an employee is found to have been terminated. Termination of employment can take several forms and unfair dismissal seems to be a common occurrence.