Termination Of Employment

Question 0

Termination of employment by employer

Answer 0

Dismissal notice- performance based. Employee must be counselled about any issues relating to their performance or behaviour and given an opportunity to respond. Employee must be given opportunity to demonstrate improvement.

Question 1

Termination of employment by the employee

Answer 1

Resignation
Retirement
Invalidity
Abandonment of employment ( 3 days of absence) without explanation

Question 2

Summary dismissal

Answer 2

On the spot sacking due to gross misconduct or blatant disregard to duty. Eg..drunk
If uncertain to whether the employee showed gross misconduct employers should issue a warning as employee may have grounds for unfair dismissal.

Question 3

Constructive dismissal

Answer 3

Most often relates to the circumstances of an employee resigning under threat of dismissal by employer.

Question 4

Fixed term contracts

Answer 4

Fixed term contract expires. Termination date is established up front prior to employment commencing.

Question 5

Redundancy

Answer 5

An employee is redundant if he/she is superfluous to the requirements of the employer and so liable to dismissal as being no longer needed for any available job.

Question 6

Frustration of employment contract.

Answer 6

Employee dies, is jailed.

Question 7

Payments on termination

Answer 7

Payment for time worked
Payment in lieu of notice
Accrued annual leave
Accrued LSL
Accrued sick leave if applicable
Severance pay

Question 8

Unlawful termination of employment

Answer 8

Temporary absence from work
Union or non union membership
Participation in union activities outside working hours or with consent inside working hours
Being an elected representation of the employees
Seeking election as a representative of the employees
Filing a complaint against you or another employer involving alleged breaches of the law
Participation in legal proceedings against you or another employer
Taking, or intending to take Parental leave
Refusal to participate in negotiations for an Australian Workplace Agreement
On the basis of race, colur,sex,sexual orientation,age,physical or mental disability,marital status,ethnicity or religion

Question 9

Reasons for poor performance

Answer 9

Employee unsure what to do, unclear or misunderstood expectations about goals and standards.
Job is poorly designed, mismatched between your employees capabilities and job required.
Employee doesn’t know they are performing badly, no feedback or counselling provided.
Employee lack skills or knowledge to do job.
Lack of motivation, moral low in workplace, poor work environment
Personal problems.

Question 10

7 Steps of counselling

DIRCSAR

Answer 10

Step 1: DEFINE the performance  issue
Step 2: Explain the IMPACT
Step 3: Analyse the REASONS
Step 4: CLARIFY the required standard
Step 5: Explore the possible SOLUTIONS
Step 6: Develop an ACTION PLAN
Step 7: REVIEW the progress

Question 11

Define the performance issue

Answer 11

What is the issue. Give examples. Begin with a clear explanation, be supported by specific examples. Ensure employee clearly understands. Ensure employee clearly understands. Stick to observable behaviours, do not discuss personality or potential motives or traits.
Give constructive feedback, specific, give examples, express appreciation be direct and sincere.

Question 12

Explain the impact

Answer 12

Quantify the impact in terms of,safety, productivity, quality and efficiency. Explain impact on the team. For employee their creditability, promotion or developing opportunities, confidence and emotional well being. The team, moral, the teams confidence in employee, their productivity. You, better ways to spend time than counselling .

Question 13

Analyse the reasons

Answer 13

Work together with the employees to understand reasons why just happening.
Do they know how,what and why it’s happening
Do they think,something else is more important
Do they have skills, abilities to be able to do what us expected
Do they have the right resources to be able to it
Are there obstacles in the way
Do they think there is a better or safe way to do it
Do they fear consequences
Do they want to do the job
Do they know why they need to do the job

Blame takes a backseat. Fault is not the issue.

Question 14

Clarify the required standard

Answer 14

Be specific about what is required and do not assume employee knows what is expected.
Eg.. you should say
“Monthly report to be completed in the agreed format, without additions errors, by 5 pm on the 30th of each month”

Use specific examples (positive and negative) to highlight the performance.

Question 15

Explore the possible solutions

Answer 15

Have few ideas in mind you’ve considered in your preparation but at this stage brainstorm. Set up discussion , come up with ideas together then evaluate them together. Think broadly. Allow employee to come up,with ideas, suggestions, hold you judgement. Improvement requires Manager and employee actions. If proposed actions don’t address problem think harder or question your intentions.

Question 16

Develop an action plan

Answer 16

Agree and document action plan. Record the required information.
The areas that need improving
The standard of performance required
Specific actions required (whom, when, involving what resources)
Dates, consequences,outcomes required, consequences

Once plan completed copy to employee and one for personal file

Question 17

Review the process

Answer 17

Counselling process is not complete until you have revised the situation with the employee.
This is a vital step in reinforcing performance improvement or to further manage the situation.
Give positive reinforcement. If insufficient change repeat the counselling process.