Occupational Health and Safety Guidelines: Termination of Employment Procedures

Occupational Health and Safety Guidelines and Procedures for Termination of Employment

Termination of employment can be a sensitive issue, especially when it comes to ensuring the health and safety of all parties involved. This article will discuss some common workforce management situations involving terminations and provide guidance based on current occupational health and safety regulations.

Unfair Dismissal

Unfair dismissal occurs when an employee is dismissed from their job without cause or in contravention of the applicable provisions of the Fair Work Act 2009. In Australia, unfair dismissal must be initiated by the person who believes they have been unfairly dismissed. There is no requirement for this person to seek advice before lodging a claim with the Fair Work Commission.

To avoid potential claims of unfair dismissal, employers should ensure they follow proper procedures during redundancy processes. This includes consulting with unions or relevant employee representatives, providing written reasons for the decision, offering redundancy pay where appropriate, and ensuring the process is transparent and fair to all involved.

Discriminatory Dismissals

Discriminatory dismissals involve firing an employee due to characteristics such as race, gender, age, sexual orientation, disability, family responsibilities, or because someone has made a complaint about breaches of workplace laws (such as bullying, harassment, or discrimination). It's important for employers to understand that discriminatory behavior is illegal under Australian law.

To avoid claims of discriminatory dismissals, employers should ensure they have clear, well-communicated policies and procedures for dealing with workplace behavior issues, including thorough investigations into any allegations made. Training on these matters can also help raise awareness among employees.

Safe System of Work

When terminating employment, ensuring a safe system of work includes:

• Assessing all risks involved in the process.
• Ensuring manager and team members understand their responsibilities and legal obligations.
• Providing training and support for safe practices.
• Developing a plan that considers employee wellbeing, privacy, dignity, fairness, reasonableness, and procedural fairness.

Performance Management

Performance management procedures should include creating a performance improvement plan if an employee's performance is not meeting expected standards. This plan should outline specific goals and actions to achieve improved performance. If an employee's performance remains unsatisfactory after following performance improvement steps, termination may be considered. It's crucial to document these efforts every step of the way and provide written reasons for such decisions.

Medical Terminations

Medical terminations refer to situations where health concerns affect an employee's ability to perform their job duties effectively. Employers should follow procedures related to disability management, accommodating medical conditions, making reasonable adjustments, and conducting return to work plans when possible. By maintaining open communication and working collaboratively with the affected individual and relevant healthcare providers, employers can navigate these circumstances efficiently and fairly.

Individual Psychological Support

Providing psychological support for individuals during termination processes ensures they receive proper assistance and guidance throughout the change. Some organizations offer free counselling sessions, and supervisors should encourage staff members to seek professional help if needed.

References

Here are some references that may be helpful for further reading:

• SafeWork Australia
• Australian Human Rights Commission
• Employment Law and Workplace Relations
• Better Regulation Initiative