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- Employers may encounter many disputes with employees, ranging from disputes over pay and superannuation to unfair dismissal and issues relating to employee misconduct. Ensure you approach any employment dispute with a clear head—try not to be led by emotion.
- Common disputes relate to pay and superannuation. The national modern award system governs the working conditions of many employees. If an award applies to a role, then employers are required to comply with minimum entitlements and obligations under the award, in addition to the National Employment Standards. If an employee is not covered by a modern award (i.e. executive employees), the employment contract will contain specific entitlements and obligations. An employment lawyer can provide advice on your legal obligations as an employer.
- If an employee is made redundant, this redundancy must comply with the Fair Work Act 2009. As an employer, it’s important to make sure that the circumstances clearly call for a genuine redundancy and that redundancy is not simply being used as a tool to avoid the performance management process. If you do not follow the correct procedure, the employee may have a case for unfair dismissal, which can result in a substantial payout. Additionally, if you fail to consult with employees during a redundancy process, you may be in breach of a modern award and risk being fined.
- If an employer terminates an employee's employment for serious misconduct, it’s important that the conduct be sufficiently serious to support such action and that the termination is conducted in accordance with employment laws governing terminations. Serious misconduct is a very high bar and is not considered lightly by the Fair Work Commission or courts. As an employer, you should consider seeking the advice of an employment lawyer or HR consultant before making any decisions. If done incorrectly, the employee may have a case for unfair dismissal.
- It is important to seek proactive advice regarding your employees’ entitlements and your obligations as an employer. It is also vital that you seek advice before dismissing employees or making them redundant. Initial advice may help to avoid disputes and save considerable time and money.
