Employment discipline and termination

Overview

Our team adopts a proactive approach to managing disciplinary and termination issues. Many issues can be avoided by establishing the requisite policies and procedures up front and by employing ‘watertight’ contracts that can withstand scrutiny and stem the threat of litigation.

Our team advises on the full range of issues arising out of termination and disciplinary matters including:

processes to adopt with regard to minimising legal exposure when performance managing and disciplining employees;
restructuring, outsourcing and workplace change strategies;
unfair contract and breach of contract advice;
defending claims and providing representation before relevant tribunals and courts (at state and federal level);
industrial dispute prevention, management and resolution advice; and
conducting audits of current industrial instruments and reviewing any plans for future downsizing, restructuring or expansion.

Experience

Our team is experienced with working with clients to develop strategies to optimise business performance, while complying with all aspects of employment law.

Examples of our team’s experience includes:

advising a national company in relation to a complaint from the Department of Employment & Workplace Relations involving a claim for redundancy pay pertaining to the introduction of Common Rule Awards in Victoria. After investigation of the matter, we advised that the appropriate payment had not been made and the claim should be settled without unnecessary litigation;
advising clients from a wide range of industries on the process to adopt to minimise their legal exposure when terminating the employment of employees, including the termination of senior executives and employees on long-term absences due to illness or injury;
advising a university on the process to adopt with regard to managing a misconduct investigation of an employee who was on a long-term absence due to illness; and
advising a major fuel supplier and convenience retailer company on an investigation into employee misconduct at one of its retail stores and the subsequent termination of the employment of the relevant employees.

Expertise