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Terminations & Disciplinary Actions

Our lawyers can provide representation and advice to both employers and employees in relation to ending employment relationships and how to successfully move forward.

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Terminations and disciplinary actions - Why you need a lawyer

Financial Assets

Assisting you in ending employment relationships

Ending employment relationships can often be an uncomfortable experience depending on the circumstances of your situation. Our experienced lawyers are able to provide representation and advice to both employers and employees in relation to ending employment relationships and how to successfully move forward.

Timely Legal Services

Advising employers on disciplinary actions

It is not uncommon for employers to have to implement disciplinary actions to address unacceptable employee behaviour. We are well placed to advise employers on preventative steps to avoid issues of, for example, workplace bullying to result in a positive outcome in the workplace for all involved.

Dispute Resolution

Rectifying employee concerns

We can practically assist with the implementation of relevant steps to correctly rectify employee concerns such as what they might expect with disciplinary actions in the workplace. We are also well equipped to deal with your concerns regarding a termination you feel is unfair or unjustified.

Adhering to rules concerning dismissal

Employment can end for a variety of reasons. An employee may resign or be dismissed by their employer. Regardless of the circumstances, it is important to ensure the rules concerning dismissal, notice, consultation and final pay are adhered to. A lawyer can help employees and employers understand their rights and obligations relating to their situation.

Frequently asked questions

Common examples of disciplinary actions, provided they are justified, reasonable and proportionate, could include:

- Counselling;
- Training;
- Warnings;
- Suspension;
- Demotion; and
- Termination of employment.
Disciplinary action should be taken if two main categories occur:

- Performance related conduct – an employee is not accurately performing their job to your satisfaction; or
- Inappropriate conduct or misconduct – an employee has breached your organisation’s policies.
If you are terminating an employee’s employment due to their poor performance, it is important that this is a fair termination (having a good reason for it). This therefore means you should ensure your employee is knowledgeable on the expected level of performance, and you must set a time frame in which improvement should occur. Make sure they are aware that if they do not change their behaviour, this may result in termination. You should also ensure your employee has a reasonable chance to respond to your criticism.
A resignation is when an employee decides to end their employment on their own terms, whereas a termination is when the employer decided that the employee will no longer work for the company.
There are many factors to be considered when terminating someone’s employment. These are:

- The amount of notice (if any) you will give to the employee;
- If the employee is being fired, made redundant or resigning;
- If there are any factors of potential discrimination (such as age, race, mental health); and
- Could an unfair dismissal claim arise?
If you have given your employee a notice of termination of employment including clear terms, the notice of termination cannot be withdrawn unless the employee consents to the withdrawal. If you have given an unlawful notice of termination, the employee is able to treat the notice as ineffective and their employment will continue, however this is rare and difficult to prove.
If your employee has resigned but changed their mind and wants to come back to work, it’s your choice whether you allow them back or not. If you do not consent to your employee withdrawing their resignation, the resignation will remain.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of labour law

Forge Legal’s labour lawyers are specialists in all areas of labour law and can assist you with all labour law matters.

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