Many termination problems can be avoided at the pre-employment stage by proper selection processes, clearly conveyed expectations for the role, and careful drafting of the employment contract. Be careful in specifying what you want and expect when you hire new employees. Make sure you refer to termination of employment provisions in the contract, at least stating the agreed period of notice.
In addition, having well drafted policies in place is also an important first step. These policies, on a range of relevant workplace issues, should be put in writing and made available to all relevant staff. Policies should flag any behaviour that would constitute a serious breach of the employment contract and indicate the consequences.
The best way to pull the necessary information together is to compile a policies and procedures manual. Keep a file and note the rules and practices you want followed in your business when recruitment and termination are concerned. Over time you will cover most of the important areas. You can use this approach to any aspect of your employee relations policies and procedures. Be careful not to incorporate the policies and procedures manual into employment contracts. In fact, for a number of reasons, it is wise not to do so and can be costly if you do.
Awards and agreements may also specifically cover issues relating to termination. Most commonly, notice periods, redundancy provisions and consultation obligations are covered in such documents.
Working with these documents
1) When dealing with Termination and Redundancy it helps if you have appropriate policies in place.
2) One of the most important issues relating to Termination and Redundancy is that of Notice. The appropriate notice period should be expressly contained in a written contract of employment.
3) Refer to any relevant awards which may regulate the employment of this type of worker and which may specifically deal with termination, redundancy, notice periods and so on.
4) Refer to any employment Agreements which may specifically deal with termination, redundancy, notice periods and so on.
5) Ensure you are not providing less than the minimum period of notice required by relevant legislation.
6) Standard forms should be used wherever possible to ensure that the termination process is conducted lawfully and that no steps are missed.
7) Correspondence should be used to communicate with the relevant employee(s) to ensure that all issues are documented ‘in writing’ and that employees are fully informed.
8) Checklists highlight key considerations and serve as useful 'prompts' for actions to take.
9) The most appropriate approach to take when concluding the employment of a particular employee may differ depending upon a wide variety of factors. Expert advice prior to terminating a person’s employment is highly advisable.
