Guiding employers through the complex minefield of employee behavioural change, discipline, terminations, Unfair Dismissals, General Protections & Sexual Harassment claims.
- Managing challenging employee behaviours – confrontational, negative or uncooperative attitude, intimidating, bullying or sexual harassment, breaching policies or toxic conduct.
- Employee Code of Conduct, Bullying and Harassment policies & training
- Workplace investigations – serious events, bullying and sexual harassment
- Counselling, disciplinary warnings and terminations
- Representation in the Fair Work and Human Rights Commissions
As a senior manager you may face a variety of people concerns and challenges:
• Difficult or toxic behaviours including bullying that damage the workplace culture.
• Stressful conversations in counselling and performance management.
• Poor attitudes showing up in the form of absenteeism, low quality work, or disrespectful behaviours.
• Compliance with the Award, Enterprise Agreement, NES and the Fair Work Act.
• Not being aware of your legal boundaries - 'how can I terminate and not get into trouble in Fair Work'.
Australian industrial relations laws are complex and designed to protect employee rights
• Employers are reluctant to deal with a workplace employee problem not knowing the detailed employment laws.
• General Protections Claims – easy to access by disgruntled or terminated employees and there is no cap on compensation.
• Unfair Dismissals – where the employer is made to feel they must get every small procedural step correct
• Australian Human Rights Commission – where the compensation settlement claims for alleged harassment are outrageous
• Where no-win, no-fee solicitors are forcing employers into expensive unjust settlements
Every termination carries a significant legal risk for employers.
Hunter Employee Relations recently assisted a small business client with a General Protections claim following a legitimate termination after 4 weeks employment. The employee had lied about their trade qualifications and simply could not do the work he was employed to do and was well paid for.
After lodging a General Protections claim against the employer, the employee’s no-win, no-fee solicitor threatened Federal Court action if my client didn’t pay up on his $25,000 unjustified compensation claim. We refused to play his game of extortion.
He walked away with nothing.
There has been a big increase in such ‘no-win, no-fee’ solicitors who often milk the system with baseless claims.
I strongly detest this extortion approach to industrial relations – it’s totally unacceptable and dishonest.
Employers can’t stop these baseless legal claims so let’s take them on from a position of strength.
Hunter Employee Relations can assist you to
• Deal with those everyday employee relations issues – personal leave, hours of work, Awards
• Implement Employment Contracts, a Code of Conduct and Policies and Procedures.
• Fix an ongoing employee underperformance, or attitude or behavioural issues
• Tackle a difficult employee which can be quite stressful
• Sort out a complex bullying or harassment incident without making it legally worse for the company
• Terminate a difficult employee minimising your legal risk
• Closely guide managers through Unfair Dismissals, General Protections and Sexual Harassment claims – minimising costs and stress
We take a practical and systematic approach to control an issue and find a solution.
This often results in a faster and cheaper outcome for you.
