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ARTICLE · 28 JUNE 2023

Dismissing an employee? Don't be harsh, unreasonable or unjust

Bartier Perry Solicitors
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Effectively managing an employee's workplace performance and conduct will reduce the risk of an unfair dismissal claim.

AustraliaEmployment and HR
Shawn Skyring
Shawn Skyring
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Effectively managing an employee's workplace performance and conduct will reduce the risk of a successful and potentially costly unfair dismissal claim.

Two key pieces of relevant legal instruments are the Local Government Employees (State) Award 2020 (the Award) and section 84 of the Industrial Relations Act 1996 (NSW) (the Act).

The first includes guidelines (Clause 37) for conducting investigations. The Award also states that failure to comply with the guidelines may be used as evidence of failure to properly conduct or speedily conclude an investigation, so they should be better treated as instructions.

The Act includes permissible grounds for ruling a termination harsh, unreasonable or unjust.

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