We’ve all heard it…”you can’t sack an employee unless they have had at least 2 previous written warnings.”

BUT IS IT TRUE?

Short answer: NO! Absolutely not!

Slightly longer answer: An employee can be terminated at any time WITHOUT NOTICE for serious misconduct. Serious misconduct could include theft or fraud, but also unprofessional conduct, or conduct that could cause damage to the employer’s reputation.

HOWEVER, employers must be seen to be behaving fairly. Therefore, any employee accused of serious misconduct should be given the opportunity to defend themselves.

TO AVOID ACCUSATIONS OF UNFAIR DISMISSAL, employers must adhere to the Fair Work Laws.

In cases where theft or other serious misconduct occurs, it is easy to justify dismissal. In less obvious cases of poor employee performance, warnings are considered to be best practice. And this is probably where the “3 Strikes and You’re Out” myth came from.

SO HOW DO YOU MAKE SURE YOU ARE DOING EVERYTHING LAWFULLY AND CORRECTLY?

Start by reading and implementing your HR and IR Policies in Turf Plus. You can find them at Turf Plus Home>Applications>Document Management>10. HR and IR Documents.

You should read your Resignation and Termination Policy, Disciplinary Policy and Grievance Policy to help you understand the rights of yourself and your employees.

Even better, make sure that all your employees have trained in all the HR and IR Policies that are relevant to your turf farm. Prior understanding from employees should decrease the risk of an unfair dismissal accusation if the worst happens.

WHAT ELSE SHOULD I DO?

Keep records! If you have to warn an employee, verbally or in written form, keep notes. Ask the employee to sign the record, and have a witness also sign. Click on the picture below to see a short video on where and how to save such records in Turf Plus:

For advice on employee management or any other compliance issue, talk to the team at Turf Plus.

Matt Murphy – matt.murphy@groweq.com.au
David Raison – raiso@turfplus.com.au
John O’Brien – job@turfplus.com.au