How to Reduce Legal Risks When Dismissing Employees

Employment is something that is free-will, in most cases. This means that employers are usually free to dismiss any employee for any reason that falls within the law.

However, in some cases, legal termination of employment can sometimes appear illegal. You may have performance-based reasons for the dismissal, but if you can’t prove it with evidence and documentation, you may have a hard time defending yourself agaist a potential lawsuit.

Employment law can be tricky, but it is so important to understand the nuances of this in order to protect your business against future risks. There are many ways that you, as an employer, can minimise and mitigate any risks of potential lawsuits by asking yourself some important questions before making a decision to fire an employee.

Did you follow all of your policies?

Some of the most important things in the workplace are policies, and one thing you need to make sure you do before dimissing an employee is consistently and uniformly follow all of your employee personnel policies.

By following your policies, it ensures that you haven’t missed any important steps or procedures and that you’re following the same process for any other similar situation or dismissal.

Have staff signed any policies? Did they follow all procedures during their employment? Were you consistent with all your other employees? If your staff signed any documents or policies upon commencement of employment, you may want to check and these and have them reviewed by a legal professional.

Did you document all issues?

Whether its performance or behavioural, one of the best ways to minimise the legal risks associated with dismissing an employee is to make sure all issues are documented and filed.

Any specific incidents or problems should be acknowledged and reported so that they can be later referred to if needed.

Examples of these are;

• Emails
• Complaints
• Phone calls and
• Safety violations

Has the employee recently made a complaint?

One thing to be very cautious of before terminating an employment contract is whether they have lodged a formal complaint against you. For example, if a manager is racially abusing another employee, the dismissed employee may have a strong case that he or she was dismissed in retaliation to the complaint.

It’s a very grey area, but all complaints should be taken extremely seriously and wisely investigated and documented. If you’re considering dimissing an employee after they’ve made a complaint, make sure that the reason for the dismissal is well within your policies and procedures and well documented. Speak to a law professional about this if you’re unsure.

Is the employee part of a protected class?  

Under Australian law, it is illegal to dismiss an employee on the grounds of race, sex, religion, ethnicity, pregnancy or age. There are also  various state-wide laws protecting against unfair dismissal for sexual orientation and marital status.

When an employee is confused or surprised by a dismissal, they often file a lawsuit claiming they were discriminated against.

Hence, it is so important that your business complies with laws and regulations regarding discrimination in the workplace.

Did you pay the employee properly?

Before dismissing an employee, it’s vital that you check your pay records to ensure the employee has been fully paid for their work to avoid any claims against unpaid wages – the employee will be entitled to those wages, no matter what the reason for the dismissal was.

Ensure you’re always complying with all pay policies and employee contracts regarding payment.

Consulting a lawyer

Employee dismissals can be risky if not dealt with properly, and this is especially true when terminating the employment of someone in a protected class. An experienced lawyer will be able to help you assess your situation and guide you on the best course of action to take.

Le Brun understands that your business is your livelihood. We have helped businesses in Melbourne and Australia-wide protect and set-up their venture. If you are business owner and need more advice or information on employment law or your rights, you can contact us to discuss your needs during a free 30 minute consultation.

We have four offices throughout Melbourne that offer a wide range of legal services. Contact us here to find out more.

Highly Dedicated and Professional Commercial Lawyers and Solicitors in Melbourne

Commercial lawyers deal with the different laws that specify how to operate a business enterprise including laws related to starting, managing, buying, selling or closing a business. The law acts as a guideline that should be followed closely by every business enterprise, no matter the size. It is important to remember that every business is different and the way they are affected by these laws will be unique. As a business owner or manager you likely don’t have time to deal the paperwork and ongoing work related to commercial law, after all you have a business to run. This is especially true for small businesses. It may be in your interest to find an experienced solicitor in Melbourne to provide sound advice and deal with the paperwork. 

Commercial lawyers in Melbourne are available to assist you in undertaking various critical decisions. They have the experience of many industries and can give advice that is directly related to and in the best interests of your business. A good lawyer should be able to advice on all aspects of Australian corporate law, with advice tailored to your circumstances. Find a comprehensive range of business legal services including dispute resolution including partnership disputes, commercial litigation, preparing leases, terms and conditions, agreements and licences, corporate insolvency and restructuring, intellectual property, debt collection, employment law, purchase and sale of business, wills and power of attorney, franchising, etc.

For commercial, business, property and intellectual property law a highly professional and dedicated solicitor is required.  You should be careful to choose a lawyer which possesses the legal expertise along with industry knowledge and networks, and uses this to provide you with sound and practical advice to successfully face various demanding commercial and legal problems. The best lawyers are committed to giving practical and realistic legal advice to attain the best possible result for their clients. 

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The Professional Commercial Lawyers in Melbourne

The Melbourne commercial lawyers have served the residents of Melbourne for many decades, with their complete range of legal services. These lawyers are dedicated, experienced and they take great lengths to understand the personal and business problems of all their clients, in order to provide a tailored solution to their specific needs. These lawyers are active members of the Law Institute of Victoria; being professionals in all parts of Melbourne law, including; Family Law Specialists, Business & Employment Law, Property Law, Criminal Law, Litigation and Wills & Estates.  Business lawyers in Melbourne provide their expertise to the residents of Melbourne at a fee which is very affordable. These lawyers provide the best legal advice in plain, easy to understand terms and some also offer the first half hour of their initial consultation completely free of charge.

The Melbourne law company practice in the following commercial law fields:

1.Business and employment law: The Business Lawyers provide legal help to the Business owners and make sure that their assets are well protected. They ensure that the clients business interests are protected and for that they work very closely with their clients .Their experienced team provides the legal services which the client’s need for solving their business problems.

2.Family Law: The highly experienced and dedicated family lawyers are experts in all areas of Family Law which include divorce, custody and children’s matters, matrimonial etc. They regularly appear on behalf of their clients in the Family Law Courts.

3.Property law:  The property lawyers assist the clients in Purchase and Sale of Real Estate, Preparation of Contracts of Sale and assist in Loan and Finance options. They also assist in Preparation, transfer and renewals of Leases.

4.Criminal Law: The criminal lawyers in Melbourne provide legal help in different crimes, Traffic Offences, Drug Offences, Assault and Violence Matters, Unpaid Fines, Council Infringements, and Water Use Infringements.

5.Litigation: The litigation experts assist the clients in Debt Recovery, Motor Vehicle, Collisions, Personal Injury Claims, Property Disputes, Estate Claims, Nuisance Claims, Intervention Orders, and Neighbourhood Disputes.

6.Wills and estates:  These wills and estates lawyers assist with: Estate Planning, Drawing of Wills and Testamentary Trusts, Powers of Attorney , Powers of Guardianship, Guardianship Applications , Applications for Probate, Applications for Letters of Administration, and Estate Disputes and Challenges.

The commercial lawyers in Melbourne work across many industry sectors and offer their clients a team of experienced lawyers who have both technical expertise and a commercial approach. They are always committed to excellence and the delivery of optimum outcomes for their clients. These lawyers have both domestic and international experience and are experts in helping their clients to navigate through the maze of legal, jurisdictional and cultural issues. Their commercial practice is also complimented by the other areas of practice in the firm, such as corporate transactional, trade practices, workplace relations and intellectual property.

Commercial lawyers –Moone Ponds

These laws firms in Moone Ponds has served the residents of Moone Ponds for a long time. They have served the people of Moone Ponds for decades and have provided legal services to the residents in all fields like Family Law, Litigation and Wills & Estates, Business & Employment Law, Property Law, and Criminal Law.

Separation from spouse is one of the most difficult life circumstances which someone can suffer and so everyone needs a caring, understanding and support during this difficult time. Their family and divorce lawyers are experts in providing personal care and attention that the client requires and they also offer flexible services as per the client’s schedule and needs. They also understand that divorce matters need to be resolved without delay, all the more if the couple has children, so their experts make sure that they help in resolving these matters as promptly and efficiently as is possible.  In cases related to the estates and the properties of their clients their solicitors have the vast experience of handling contested matters, such as Will Disputes, Guardianship Applications and other related litigation matters. Their offices are wheel chair accessible for those clients who have mobility difficulties. Their flexible and adjusting approach enables the clients to contact them over the phone or via email, and they also arrange home visits in certain extreme cases. They also ensure that all advice given is in easy-to-understand English, so that the client won’t become confused by any legal jargon or complex terminology.

They are always focussed on ensuring that their clients get the best possible results in a case. Their criminal lawyers, property lawyers and estate lawyers thoroughly explore all possible options to resolve matters and also explore all available opportunities to try to negotiate charges and get them withdrawn, before the matter proceeds to Court. They are always available for their clients in case of urgent matters like bail applications and attendances at police stations for interviews.

Their legal professionals try their best to see that an out of court settlement can be arrived at between the parties. Lastly In the unfortunate circumstance, if an out of court settlement cannot be reached and the  matters proceed  to the court ,then their  criminal lawyers present the client’s case diligently and meticulously to maximise the probability of success. They always strive to ensure that wherever possible, the minimum applicable penalty is imposed on their clients.

They are active members of the Law Institute of Victoria, and their team of lawyers includes an Accredited Family Law Specialist, and also experts in the other fields like they provide their clients with the expertise that is required at a fees which is very affordable as compared to the fees charged by large law firms. They provide the best possible legal advice in plain, easy to understand English.  They offer the first half hour of their initial consultation completely FREE of charge. These commercial lawyers cover all areas of business that affect large corporations and institutions, and  small to medium enterprises alike.


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