Don’t Let a Bad Process Undo a Good Reason

When an employment issue reaches breaking point, it can be tempting for a business to move straight to the termination letter.

That approach is risky.

In many cases, the problem is not that the business has no valid concern. The issue is that the process has not been properly managed before the final decision is made.

This is particularly important where the employee is on workers compensation, has a medical restriction, is returning from parental leave, has requested flexible work, is an apprentice, or is affected by a restructure. These matters often carry additional legal and procedural obligations.

The same applies to probationary employees. Probation does not mean “no risk”. Employers still need to ensure the reason for termination is lawful, the correct notice and final pay are provided, and the decision is not connected to a protected workplace right or attribute.

Before ending employment, employers should step back and ask:

• What is the real reason for the proposed termination?
• Is this a performance, conduct, medical capacity, redundancy or probation issue?
• Has the employee been told the concern clearly?
• Has the employee had a fair opportunity to respond?
• Have Award, NES, contract and training obligations been checked?
• Is the decision supported by written evidence?

A termination letter should be the final step in the process - not the starting point.

MTA NSW members who are considering disciplinary action, redundancy, medical incapacity termination or probationary termination should contact the Employment Relations Team before taking final action.