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We have advised employers on thousands of cases of poor performance.
Performance Management
Sometimes an employee's performance is so bad that the employer wants to dismiss their employee straight away. Other times the employer is hopeful that things can be improved but needs to know that the employee can be dismissed with minimal risk if things don’t improve. Either way we can provide you with a way forward.
We know a great deal about the laws that apply when an employee is dismissed but, even more importantly, we also know a great deal about the way that business works. This means that we will give you practical recommendations for dealing with the issue and not just a list of risks and problems.
We can even give you a script to follow if you need to meet with your employee to tell them that you have problems with their performance or that their employment is going to be terminated. We can give you whatever you need to make the process easier and less stressful.
That includes preparing warning notifications and, if things don’t work out, we can prepare the termination documents for you.
Misconduct
Employers need to take great care if an employee is going to be dismissed for misconduct. It will not be enough to have an employment contract that lists off certain behaviours that will be considered misconduct. Even in cases of serious misconduct, there are important steps that employers need to take before dismissing an employee.
We have advised on hundreds of cases involving misconduct and can help you deal with the issue quickly and in a way that your process can’t be attacked later in an unfair dismissal claim.
Get in touch before you take that final step. We will make sure that you can tick off all the legal requirements so that you do not end up exposed to an unfair dismissal and we’ll make it as painless and easy as possible for you.
This includes preparing scripts for you to follow when meeting with the employee, right through to making sure that your termination letter is spot on and doesn’t inadvertently leave you exposed.
Dismissing a senior executive
We have experience helping employers deal with poor performers at all levels, right up to CEO level, and we can expertly guide you throughout the process, even if the employee you need to dismiss is a very senior executive.
There are additional legal risks when dismissing a senior executive because these are the employees most likely to bring a General Protections claim against you. Those claims have unlimited damages and can be enormously costly for employers.
Our experience means that we understand all the complexities of terminating a senior executive, including the potential reputational risk, the need for careful messaging within your workplace and steps that you will need to take to ensure that your confidential information is adequately protected.
We can also advise you on the potential enforcement of restraints against a senior executive. .
Performance Management Training
We work actively with our clients to not just advise on unfair dismissal claims, but to also skill up their managers to confidently tackle issues with a poor performer.
We provide training and coaching for managers wishing to develop their performance management skills.
We don’t mind at all if we do ourselves out of a job and leave you with managers who can confidently handle performance management issues.
After all, someone working within your internal team would aim to constantly increase managers’ skills and to reduce reliance on external advisers over time. We share precisely the same aims because we are all about helping our clients prevent people issues and do better business.
Let's get poor performance sorted out. Contact us so that we can talk about how to solve the problem and protect your interests.
We help employers solve and prevent people issues. We are problem solvers.
Call our Principal, Susannah McAuliffe
Phone: 1300 764 792
Email: info@latitudelaw.com.au