Considering Firing?
10 things to think about before firing an employee...
By Adrienne Unkovich, MD, Workforce Guardian ? Australia's number one online employment relations service
Managing employees can be hard work particularly when an employee's performance or carlos blue jersey behaviour is unsatisfactory. Poor performance impacts on everyone in the business and employers can't afford to turn a blind eye or hope for the best. Importantly, a failure to deal with a performance issue can sometimes be viewed as implicit approval of the behaviour or problem in question.
When it comes to managing poor performance you need to work through the following steps to ensure a fair
Put everything in writing - keep succinct file notes throughout the process as it makes a huge difference if you end up in the employment courts further down the track.? Make sure both your employee has copies of any formal file notes ? such as formal warnings, any formal letters/file notes etc.
Stick to the facts ? when working through the process make sure you focus on the facts related to the employee and their performance at work ? do not get side tracked on emotional issues or hearsay.
Avoid discrimination - always act and communicate in an ethical and non-discriminatory manner ? you cannot discriminate against people on the basis of? gender; race; marital status; age; sexuality;? nationality; disability; physical features; political belief or activity; a person's responsibilities as a carer; or a person's status as a pregnant mother (or on the basis that a person may be pregnant in the future).
Begin the performance management process - talk to your employee, point out your concerns and what needs to be done for performance to improve.? Write up notes about what you discussed and what action needs to be taken.? Give the employee a copy.? Provide an opportunity for the employee to respond formally.? File the carlos blue jersey response.
Formalise the warnings ? if the situation doesn't improve to the standard required, arrange a formal meeting and issue a written letter outlining your concerns and the action required to remedy the situation within a timeframe. Provide the employee with an opportunity to respond formally.
Offer assistance and/or training - provide every chance for the situation to improve.? Don't skip this step ? you need to demonstrate you have been fair and supportive.
Record regular, dated file notes ? keep a record of the performance management process outlining the performance issue in question and, if it is the case, the employee's failure to rectify his or her performance to the appropriate standard required.??
Dismissal - if the decision is made to dismiss the employee, write a letter of termination that clearly outlines the reasons for the dismissal, the warnings previously provided and the assistance that was offered in order to help the employee rectify his or her behaviour or performance.? Focus on the role and responsibilities of the position in question and the employee's failure to perform. Outline the next steps to take, such as when the employee is to finish, final pay details and any other arrangements that need to be made for the employee to leave the employment.
Before you hand over the letter ? take a long moment to make sure your reasons for the termination are fair, reasonable and relevant to the role and responsibilities of the employee.? You shouldn't and can't exit employees for subjective reasons such as the way they dress or their accent.?? Any dismissal which is conducted for reasons which are harsh, unjust or unreasonable may result in an unfair dismissal claim and, if successful in their claim, an employee can be reinstated to their former position, redeployed to another position, or awarded compensation of up to 6 months remuneration.? Take a very long moment to make sure you are being fair and reasonable…!
Inform any other staff members of the termination ? do so by word of mouth or by memo.? Keep it brief and do not list any specific reasons regarding why the employee is leaving.
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