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    There is a scene in a movie called “Facing the Giants” where the coach of a small high school has to inspire a team that hasn’t performed well and is used to failure. When the quarterback of the team indicates he doesn’t think they can win Friday’s game the coach pulls him aside for one of the most inspiring moments in the film.“Don’t you quit on me, Brock,” he commands the quarterback who is blindfolded and made to crawl on the football field with another player on his back. “Don’t you quit.”Foot by agonizing foot Brock moves across the football field thinking he was only going 20 yards. In the end the player collapses in the end zone. His fell
    irements regarding unfair termination of employment for Federal Employers and Employees. Grounds for unlawful termination are where the termination was harsh, unjust or unreasonable.

    3. Terminating an Employee

    In most Industrial Relations Commissions claims the sad fact is that much of your defence will relate on

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    1. Employee Backdrop in Australia

    The whole arena of Industrial Relations and the interaction between employer and employee is conducted within the complex framework of various statutes, state and federal, regulations and rulings and common law. Unlike ‘tort’ law (a civil wrong such as negligence) the practice of Industrial Relations has many interlocking precepts and requirements that make it difficult for the small business practitioner to apply without assistance.

    2. Terminating an Employee

    When considering the termination of an employee you should give careful consideration to the possible future consequences and ensure that your actions are within the law. I the heat of the moment do not make a decision that could affect you or your business long term. Take advice.

    A date with the Industrial Relations Commission can be expensive, time consuming and stressful.

    2.1 Industrial Relations Acts - State

    Most State Acts in Australia place responsibility on the employer to ensure that termination of an employee was connected with, the capacity, performance or conduct of the employee; or the operational requirements of the employer's business.

    2.2 Federal - Workplace Relations Act 1996

    The Workplace Relations Act 1996 provides legislative requirements regarding unfair termination of employment for Federal Employers and Employees. Grounds for unlawful termination are where the termination was harsh, unjust or unreasonable.

    3. Terminating an Employee

    In most Industrial Relations Commissions claims the sad fact is that much of your defence will relate on

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    trial Relations has many interlocking precepts and requirements that make it difficult for the small business practitioner to apply without assistance.

    2. Terminating an Employee

    When considering the termination of an employee you should give careful consideration to the possible future consequences and ensure that your actions are within the law. I the heat of the moment do not make a decision that could affect you or your business long term. Take advice.

    A date with the Industrial Relations Commission can be expensive, time consuming and stressful.

    2.1 Industrial Relations Acts - State

    Most State Acts in Australia place responsibility on the employer to ensure that termination of an employee was connected with, the capacity, performance or conduct of the employee; or the operational requirements of the employer's business.

    2.2 Federal - Workplace Relations Act 1996

    The Workplace Relations Act 1996 provides legislative requirements regarding unfair termination of employment for Federal Employers and Employees. Grounds for unlawful termination are where the termination was harsh, unjust or unreasonable.

    3. Terminating an Employee

    In most Industrial Relations Commissions claims the sad fact is that much of your defence will relate on

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    t your actions are within the law. I the heat of the moment do not make a decision that could affect you or your business long term. Take advice.

    A date with the Industrial Relations Commission can be expensive, time consuming and stressful.

    2.1 Industrial Relations Acts - State

    Most State Acts in Australia place responsibility on the employer to ensure that termination of an employee was connected with, the capacity, performance or conduct of the employee; or the operational requirements of the employer's business.

    2.2 Federal - Workplace Relations Act 1996

    The Workplace Relations Act 1996 provides legislative requirements regarding unfair termination of employment for Federal Employers and Employees. Grounds for unlawful termination are where the termination was harsh, unjust or unreasonable.

    3. Terminating an Employee

    In most Industrial Relations Commissions claims the sad fact is that much of your defence will relate on

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    place responsibility on the employer to ensure that termination of an employee was connected with, the capacity, performance or conduct of the employee; or the operational requirements of the employer's business.

    2.2 Federal - Workplace Relations Act 1996

    The Workplace Relations Act 1996 provides legislative requirements regarding unfair termination of employment for Federal Employers and Employees. Grounds for unlawful termination are where the termination was harsh, unjust or unreasonable.

    3. Terminating an Employee

    In most Industrial Relations Commissions claims the sad fact is that much of your defence will relate on

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    irements regarding unfair termination of employment for Federal Employers and Employees. Grounds for unlawful termination are where the termination was harsh, unjust or unreasonable.

    3. Terminating an Employee

    In most Industrial Relations Commissions claims the sad fact is that much of your defence will relate on how well you followed proven human resource policies, procedures and determinations of the Commission. Terminating an employee’s employment in haste, not following proven human resource policies and procedures will likely result in the commission finding against you in favour of your employee

    Off paramount importance is your ability to keep diary notes and documentation supporting your ‘actions’.

    If you have any doubt over the process you should take ADVICE from a professional. The law can be quite harsh and unforgiving. In Australia you can be fined up to 50% of the employees’ salary plus costs n the worst case. The current threshold for a hearing by the Commission is $90,400. This means in a worst case you could be ordered to pay $45,200 plus the employees’ costs plus your own costs – not a good day out.

    The following steps are a guideline as to the minimum you should follow:-

    3.1 Counselling / Correction

    Speak informally with the employee informing them that this is a counselling meeting and that wish to speak with them about their behaviour and/or performance and that you welcome their explanation. Document the meeting.

    3.2 First Written Warning

    Provide the employee with a written outline of the first warning detailing the issues of perform

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