Unfair dismissal - Make your business thrive
 One
of the most talked about aspects of the Fair Work Act is the unfair
dismissal changes. They apply to all businesses although some concessions
are made for small businesses. Unfair dismissal claims may include the
circumstance where the dismissal was for reasons of performance related
(poor performance) issues.
Complying with the law
The law states that dismissals, when they occur, need to be, "not harsh,
unjust or unreasonable ". It outlines guidelines for compliance that
include:
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A process for setting performance expectations and reviewing staff
performance. |
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A clear warning that performance is below standard and needs to be
improved. |
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Time to improve performance and training to support improvement (where
appropriate) |
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Documentation of discussions, warnings and agreed action steps to
improve performance. |
Thriving instead of just complying
To some, these guidelines appear onerous. However, the irony is that this
list of practices actually includes some of the key drivers of individual
engagement and performance. Organisations that implement many of the
guidelines can actually reap many benefits far beyond simple compliance.
People thrive in cultures where they:
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Understand how they contribute to the broader organisational goals |
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Have clarity regarding performance expectations and individual goals |
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Receive timely, positive feedback as well as constructive feedback for
improvement |
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Participate in a regular formal process to plan and review their
performance and development |
These are best practice performance management principles. Those
organisations that embrace these practices and implement them with a view to
improving their employee engagement, will not only comply with the new
legislation but accelerate the participation, engagement and performance of
their people.
To assess your organisation's performance management strengths and
opportunity areas we invite you to download and complete the complimentary
Performance Management Checklist available on the
People Axis website.
People Axis would be happy to review your checklist and discuss practical
and cost effective opportunities with you on how you can maximise this
important system. For more information, please contact Tania on (03) 9894
2805 or visit their website at
www.peopleaxis.com.au.
Published : 9 November 2009
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