Performance, Misconduct and Termination of Employment

Aitken Legal can advise Employers in relation to performance issues with Employees, misconduct and terminating an employee's employment, including:

• Determining an appropriate performance management process for the relevant issues;
• How to manage an employee's misconduct, including how to investigate the conduct; 
• Determining whether an employee's misconduct warrants termination of employment; 
• Determining whether the employee should be terminated summarily or with notice of termination; 
• Advising on the legal risks when terminating an employee's employment for misconduct or poor performance; 
• Providing Employers with a tailored process and script to use as a guide when holding a meeting with an employee to discuss their misconduct, performance or to terminate their employment; 
• Advising on an employee's entitlements when their employment is terminated; 
• Advising on the risks when terminating the employment of an injured or sick employee.
• Advising in relation to the general protection provisions in the Fair Work Act and to minimise the risk of an adverse action claim;
• Advising on the risks of a breach of contract claim at common law