Many clubs have a termination policy included in their induction programs. You need to ensure that your policy complies with the Fair Work Act 2009 and the National Employment Standards.
Employers may only dismiss an employee if there is a genuine redundancy or if the dismissal is consistent with the Small Business Fair Dismissal Code.
When Fair Work Australia has to decide whether a dismissal is unreasonable, harsh or unjust, a range of factors are considered. These include:
- If there’s a valid reason for the dismissal relating to the employee’s conduct or capacity to do the job
- If the employee is notified of the reason for the dismissal and given an opportunity to respond
- If the dismissal occurred because of unsatisfactory performance whether the employee was warned about their behaviour before the dismissal and given an opportunity to respond and/or improve
The rules relating to redundancy and redundancy pay have been modified and are now covered by the National Employment Standards (NES). The NES also cover notice periods when an employee is dismissed.
An effective induction program ensures that your policies and procedures are in line with the Fair Work Act 2009 and the National Employment Standards. Having the policies is great, but you need to make sure you follow them as well.