High profile businesses ranging from airlines to hospitality have been in the news lately for damaging and expensive workplace disputes. The RMB Workplace and Employment Division explains how businesses can protect themselves and avoid disputes:
The most important thing an employer can do to protect their business is to have an effective people management system in place, with documents, policies, and procedures that are readily accessible and staff who are trained in their application.
This is where an experienced business lawyer can assist. We help businesses build their people management systems properly and assist them if things go wrong.
Those systems protect employers against claims.
With any complaints at work, whether they are against you as the employer, or between employees, it is critical to act with speed and fairness.
Ensuring that your business has a best practice management system in place (your policies, procedures and training) will ensure that you deal with any complaints fairly.
Complaints and allegations between employees and from employees toward management often involve allegations of bullying, racial discrimination and sexual harassment.
The most complex are often between employees. That’s when it is vital to follow your policies and procedures to ensure any action taken is fair, and that any complaints received are investigated and actioned quickly to protect the business.
These things do happen even in the best-run businesses, and if they occur a workplace lawyer can help you navigate the minefield.
We can help with building up your systems, ensuring staff are trained in understanding policies, and dealing with complaints and allegations. We can also assist with any investigation and give our recommendations.
Unfair dismissal is also a common workplace issue.
There are a few threshold requirements to determine whether a dismissal is unfair. Firstly, you need to have been an employee for a minimum of six months. Casuals are excluded, unless they work systematic and regular shifts.
Then, the dismissal process is analysed to determine whether, overall, it was fair.
For example, if your employer says there are issues with the work you have produced but doesn’t give you an opportunity to correct it and instead terminates your employment, that may be an unfair dismissal.
Employees have 21 days from the date of their dismissal to notify the Fair Work Commission / Industrial Relations Commission and bring an action.
Employment and workplace matters are time sensitive. We are available to provide advice and act quickly to help you. Phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.