Businesses are showing more caution when dismissing employees. They must be able to prove that their grounds for dismissal are valid and within the legal guidelines for firing someone. Employers must be able to defend their choice to let someone go. Firing an employee can be done for several reasons including performance, serious misconduct, and others. The decision makers must have all of the information necessary to dismiss an employee or risk violating the Fair Work Act of 2009.
- Employers can’t dismiss employees for disciplinary issues frivolously; there are laws in place that prevent this.
- Employers are also obligated to give employees time to remedy performance issues.
- Dismissing an employee due to misconduct is tough, and there are barriers in place to prevent that from happening frivolously as well.
“Disciplinary issues can arise in connection with either performance or misconduct issues. Sometimes, the issues are intertwined, but – to the extent possible – they should generally be managed by employers as separate matters.”