How to make sure your business is prepared for the new Fair Work Act.
click here to get a free trailThis recent Fair Work Australia (FWA) decision (Quattrocchi v Monsanto) highlights the importance of being genuine when you are performance managing your employees.
A warehouse employee with 20 months’ service was dismissed because of work errors. The employee claimed unfair dismissal.
The employer appeared to have ticked all the boxes prior to dismissing the employee. For example:
Dear Reader,
I’m guessing that at some point you have had to performance manage at least one of your employees.
If not, it’s inevitable that you will have to in the future.
If you want to terminate an employee’s employment for reason of redundancy, then you must first be sure that it is a case of genuine redundancy. Otherwise, you might be exposed to an unfair dismissal claim.
So what is a genuine redundancy?
A genuine redundancy occurs when an employer no longer requires a particular job to be performed by anyone as a result of changes in the operational requirements of their enterprise.
Dear Reader,
Every so often one of those cases pops up in the paper that makes you say “Wow, I’m glad that wasn’t me!”
You know the ones I mean. The headline probably reads something like this:
“Employer ordered to pay $60,000 in back payments to unfairly dismissed employee”
or
“Employee wins $400,000 sexual harassment payout”
etc, etc…
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