Unfair Dismissal & Adverse Action trends and protection

February 16, 2018 / Comments Off on Unfair Dismissal & Adverse Action trends and protection


A savvy group of Printing Industries members took advantage of the opportunity to hear about the latest trends in unfair dismissal and adverse action, as well as how they can reduce their industrial relations risks in this area, by attending the Printing Industries free member-event held in Sydney.

Hosted by PTW Law, the sentiment was clear: the law in this area keeps evolving as common law sets new precedent. It is relatively easy for a business to minimise the risk of unfair dismissal or adverse action allegations by following a few simple guidelines. Employers are significantly better off to set the processes up correctly in the first place, than they are if forced to defend a charge.

The current trends reflect an increasing focus on procedural fairness (the manner in which you conduct your business and dismissal), as well as for transparency in the process, both in communication with the employee and in documenting your decision-making.

Whilst most businesses are familiar with what unfair dismissal involves and how to reduce risk, there are significantly fewer who are familiar with adverse action provisions. Given the significant rise of adverse action claims in Australia, and the increased risk to a business in terms of both time and cost, it is an area that businesses need to learn about, and quickly.

A very good start is to ensure you follow a fair and reasonable process when letting someone go, and that includes providing opportunity for them to defend or address the area of concern you have. Keep exceptional documents along the way. They don’t have to be formal or onerous, an email record of a few sentences will suffice.

And remember, the team at Printing Industries are available to answer your queries and help you through the process. Engage us early and ensure you minimise your potential ensure in the first place.


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