‘there is actually nothing in the legislation that requires this’
A lot of employers believe that they have to give 3 warnings to let someone go. While it is a good process to follow there is actually nothing in the legislation that requires this.
The Fair Work Commission says an employee must be given a reasonable opportunity to improve their performance and get feedback.
In the case of misconduct you should still give them some warning but you can terminate much sooner. The employee should have a chance first to explain their conduct before any termination happens otherwise they may have a case against the employer.
Every case is different and they should perhaps get legal advice before acting if they are not sure. We can refer you to a law firm that specialises in this anywhere in Australia.
Do not think you have to go and give 3 warnings. And think your business is in the clear. As that may not be the case.
Contact me if you have any queries at all.
Warren Tapp – Tapp Advisory, Business Consulting Gold Coast, increase Profitability and your Company.