In the second and final part of this article we examine the
legal claims senior executives can bring on termination of
employment – and how employers can safeguard against
them.
UNFAIR DISMISSAL
For an employee who is covered by the unfair dismissal
jurisdiction in the Fair Work Act 2009 (Cth), there are
clear reasons for employers to follow a fair procedure before
terminating the employee's employment.
A fair procedure generally involves issuing poorly performing
employees and those guilty of misconduct with a series of written
warnings (and opportunities to improve) before termination of
employment is contemplated.
Furthermore, before an employer decides to dismiss the employee,
generally they should be given a written invitation to a formal
disciplinary meeting, which also sets out the allegations against
them and advises them of their right to be accompanied by a support
person. At the meeting the employee should be given an opportunity
to address the
