Avoiding Unfair Dismissal Claims with the Help of an HR Company

Avoiding Unfair Dismissal Claims with the Help of an HR Company

With claims for unfair dismissal on an increase within Australia, business owners across the country are trying to find ways to maximise the productivity of their companies, without having to face these types of claims. Some businesses may need to cut back on members of staff in order to enhance their assets on other fronts, but if the firing process isn’t handled properly, then a case may be brought against the company by the individual that has had their contract terminated.

How to Outsource Firing My Employees to an HR Company

There are two main ways to fire an employee without repercussion. The first is by ensuring that, before the dismissal is put into place, evidence is collated that will clearly define the reasoning behind the dismissal. For example, if an employee is being fired because they fail to show up for work on time, if they aren’t performing their role properly, or if there is no longer a need for their specific role – then the more evidence is in place, the better the defense will be if the case is taken to court.

The second option is by hiring an HR company to take care of the management and duty of care to employees. This company can be a third party, or it can be taken on and then incorporated into a business. It’s not so much about how they function, it’s that they are able to maintain the workforce in a way that maximises productivity and performance.

Any individual offering their services as an HR consultant, an HR manager, or an advisor in general, will have had to have undertaken an extensive amount of training and education. Once qualified, these experts can be put in charge of payrolls and employee management; including the hiring and firing of employees.

As a result, they can offer the ideal barrier between a company and a potential lawsuit. Being third party means that they can be taken on to modify contracts and codes of conduct, without needing to consider them a part of a businesses’ internal structure. What this means is that as they will be managing employees as a third party, they will be able to collate information and prepare evidence for a dismissal if a claim should ever arise.

Hiring an HR Company to Help with Dismissals

Some Human Resource companies have access to their own database of employees; many of which work part time, or under zero hour contracts. Not only can this be an asset to a business that needs to hire and fire often; it can also help to ensure that the onus isn’t on the company, but on the HR agency instead. By outsourcing all dismissal requirements to them, they will be able to properly prepare for the contract termination, while the company owner is able to focus on what’s most important for their business to continue its operation.