The FairWork letter is shaking in your hands. You’re shocked, angry, and cursing the fact you ever hired them in the first place…
You’ll need expert support during the fair work process so you get the best possible outcome without tension and conflict derailing the hearing and landing you in court!
You’re at your wits-end with a current employee but don’t know how to ‘let them go’ in a way that AVOIDS a FairWork claim backlash…
Before you make a move, know your rights, know their rights, and let’s put together a strategic Game Plan for a compliant exit that won’t come back to haunt you!
An employee has made a claim against another staff member and it requires delicate handling before the situation gets out of hand…
You don’t want to say the wrong thing or make a procedural misstep otherwise you could be taken to the cleaners – pick up the phone and get advice before you do or say anything!
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Shocking! Eye-Opening Case Studies...
Masterfully Managed By Dale Kennett Our Licensed Fair Work Representative
That's not a knife ...
An apprentice, in his youthful wisdom, decided to forge a blade from steel he got from the factory floor! When the MD discovered the 640mm blade ( of which the apprentice claimed he made to cut plastic away from pallets!!! ) he reacted in the moment, threw his arms in the air and said "I don't know what to do, you're fired" Which of course led to an unfair dismissal claim and mediation with the FairWork Commission.
Our investigation & mediation went well and there was minimal cost to our client and the apprentice walked away without a black mark for future employment.
So, what do you do in this situation? Firstly, instant sacking isn't the way to go! You must follow the due process. That is what The Commission focus on, NOT the incident itself! Even if you're a small business with less than 15 employees.
What do you mean I owe $10,000 in unpaid wages???
Imagine discovering that you have short paid $10,000 to one of your employees!
Unfortunately, it happens. And often it is simple payroll calculating errors or not understanding Wage Awards.
We were asked to do a wage review for one of our clients because their employee had questioned why her pay rates were always changing and she wasn't sure what her actual pay was.
After conducting the review it was discovered that due to payroll entry issues they had underpaid her $10,000.
Because of their pro-active response to her request and to review her wages, they were able to pay the short fall and have since implemented a much more effective payroll system.
Sexual-Harassment ... Yes or No?
A female staff member wasn't her usual self. A fellow collogue asked her if she was ok. Reluctantly she explained that she had experienced unwanted sexual attention from another staff member. She was encouraged to go to management with the claim and so she did. Given that this is a delicate situation, the company's director called Dale and he went to site immediately to commence the investigation.
After talking to the accused, Dale recommended and placed him on unpaid leave while the investigation continued.
It was the accused opinion that the relationship was consensual and he had no idea she had any issues with him.
With about a week of discussion between all parties it was in fact found that they had met and both agreed to a sexual encounter however one of their partners found out and was rather displeased and that is what sparked the initial claim.
Such a claim has the potential to ruin someone's career. Navigating such sensitive and serious claims requires a clear and careful strategy, to be able to listen and fully understand the complexities of the case.
Pre-Determined Dismissal Pitfalls
You want an employee gone, you've already made the decision and call them in for a meeting.
DO NOT have the letter of dismissal with you in the room, that is the worst thing you can do.
You MUST follow a set of planned meetings with your employee and during this "final" meeting offer them a chance to discuss your concerns with a support person and advise them at the end of the discussion of your intention and that may be that they're no longer required for (explain the reasons) and advise them of the process for dismissal and follow what is written in their contract regarding notice, leave, pay, entitlements etc.
Going in to the meeting with the letter in hand shows that you have pre-determined the outcome and are not giving your employee a chance to defend their position. You will lose the case against you with The FairWork Commission!
Instant Dismissal Gets You In Trouble
An organisation made a big mistake and fired an employee without following a fair process and it cost them $27,000.00 in an unfair dismissal claim.
What did they do wrong?
They wanted this employee gone from the organisation because one of the managers didn't like her. SO they found a small bit of evidence that they claimed meant she acted inappropriately during her employment. However this evidence was so small, didn't constitute dismissal and they didn't approach her to discuss the issue.
Instead they made their decision, fired her and left it at that.
The employee sort our advice and Dale agreed that the claim was worth investigating and represented her throughout the process and in the conciliation meeting with the FairWork representative it was agreed that the company didn't follow the process, didn't have reason for dismissal and had to pay their ex-employee $27,000 for an unfair dismissal.
How To Negotiate With The FairWork Commission
Understanding and following a negotiation strategy will reduce your financial penalty issued by the FairWork Commission.
They are there to be a fair intermediary between both the Employer and Employee. It's their job to listen to both sides and come to a reasonable and fair outcome.
That could be re-instatement of employment; payout of underpaid wages; fines and penalties for any deemed inappropriate handling of employee concerns.
When you're in the Commission you can feel many emotions. Anger, embarrassment, fear, overwhelmed, sadness etc. And these emotions make it impossible to negotiate because you need a clear, unwavering mind to not only put your case forward but also listen to the responses and actually hear what is said.
Dale is the best representative, he is always focused and clear on the desired outcome. He never takes the first offer and it always works out better than expected.
"Dale saved us 75% off the settlement using this technique" Lou - GM