One of the most difficult aspects of workplace management is disciplinary action and the termination of employment.
When employers are required to make changes to within its workforce, there are a range of legal obligations risks if that need to be considered.
Advice During Employment
PCC Employment Lawyers have years of experience assisting clients with the management of employee issues including poor performance, misconduct, or other capacity issues such as protracted employee illness or injury.
In relation to performance issues, PCC can:
- prepare and implement performance improvement plans
- provide advice around the setting of Key Performance Indicators (KPIs)
- drafting formal performance warnings.
Employee misconduct is a separate category, and PCC can assist with:
- Advice around whether misconduct constitutes a valid reason for dismissal or ‘serious misconduct’
- External, independent and legally privileged investigation services into misconduct allegations
- the drafting of show cause or allegation correspondence
- attendance on behalf of employers at employee disciplinary meetings.
PCC Employment Lawyers can provide advice on how to manage sick employees or employees injured at or away from work. PCC Employment Lawyers can assist with:
- responding to and completing workers compensation claims
- preparing return to work programs
- suggesting alterations to the workplace to accommodate sick or injured employees
- organising coordinating independent medical examinations for sick or injured employees to determine whether an employee can perform the inherent requirements of a role
PCC Employment Lawyers are experts in all aspects of workplace restructuring including:
- the meaning of ‘genuine redundancy’ both for unfair dismissal and tax purposes
- consultation requirements and the redundancy process
- preparing and implementing the required correspondence and documentation.
Following any termination of employment, employees are able to bring a range of legal actions including:
- Unfair Dismissal
- General Protections claims under the Fair Work Act 2009 (Cth)
- Breach of Contract claims at common law
- Anti-discrimination claims
PCC Employment Lawyers have years of experience of advocacy in the Fair Work Commission, Federal Circuit Court and Federal Court.