Manage ending employment fairly and responsibly
Whether you're ending an individual's employment or undertaking a strategic restructure, these decisions can have significant financial, legal and reputational consequences if they're not handled properly.
By getting ABLA involved at the start, we can provide support and guidance on the strategically sound approach that is also lawful and compliant. Handled appropriately, you minimise the outfall of these decisions and you can protect the business against claims:
- Unfair dismissal claims: Allegations that the termination was harsh, unjust, or unreasonable.
- Adverse action claims: Claims that an employee was dismissed for unlawful reasons, such as exercising a workplace right.
Getting redundancy right
Redundancy is a legitimate reason for ending employment, but it must be genuine to withstand legal scrutiny. A redundancy process is considered genuine when:
- The role is no longer required due to operational changes
- Employees are consulted in accordance with the applicable industrial instrument (e.g. a modern award or enterprise agreement)
- Redeployment options are genuinely considered.
Failing to meet these criteria can result in:
- Unfair dismissal claims
- Financial penalities for breaching consultation obligations
- Lasting damage to workplace culture and employee trust.
ABLA can guide you through every step, ensuring your redundancy process is fair, transparent and legally compliant.
The cost of getting it wrong
Mishandling a termination or redundancy can lead to significant costs for your organisation, including:
- Financial penalities: Compensation for claimd can be substantial
- Your time and money: Defending claims in court takes you away from running your business
- Reputational harm: Negative publicity and employee dissatisfaction damage brand and culture.
Where ABLA can help
Our team of workplace and employment lawyers can provide:
- Tailored advice: We help you assess risks and develop strategies to mitigate legal challenges
- Compliance checks: We ensure your processes align with the Fair Work Act, industrial instruments and other legal obligations.
- Support for workplace investigations: Our expertise ensures your investigations are thorough, impartial and will hold up in court.
- Representation in disputes: Should claims arise, the team can provide robust representation to protect your business.
Are you considering a strategic restructure or need to manage a difficult employee out of the business? Get in touch with the team for an intitial, confidential discussion. We'll help you achieve a smooth and compliant process.
