Employee’s Behaviours To Implement To Avoid Unfair Dismissal

Finding your dream job may be one of the biggest gifts in your life, but you could lose that job just as fast if you don’t have the relevant employee behaviour guaranteed to keep you hired and alienate you from pursuing an unfair dismissal claim in your workplace.

In most companies, employers are quick to dismiss workers for frivolous reasons, which can be chalked down to redundancy. The onus is on the employees to understand what constitutes unfair dismissal and how they can avoid being victims.

 

Unfair Dismissal: A Highlight

Dismissal in the workplace happens when an employer terminates your employment. It can also happen when you intentionally resign from your job owing to the incapability of your employer to adhere to the terms of your employment contract. In the latter case, it is referred to as constructive dismissal.

You can claim unfair dismissal if you can prove that:

• The dismissal was unfair because your employer did not follow the correct process for workplace investigation and dismissal.

• The reason given for the dismissal was not the real one or was unfair. For example, if your employer claims redundancy but you can prove it wasn’t.

• That your employer was harsh, unjust, or acted unreasonably. This could be a case where you were never given any warnings about your job before your termination.

A case of unfair or constructive dismissal can be addressed by the Fair Work Commission, an impartial tribunal that can get employers to pay compensation to employees or even reinstate them at work. You may be able to make an application to the Fair Work Commission under either unfair dismissal or general protection dismissal laws.

Conditions for filing an unfair dismissal claim include:

• It must be done within 21 days of dismissal being effective or it is considered void.
• You must have been dismissed by your employer.
• You must meet the eligibility criteria, including the minimum employment period.
• You must be covered by the national workplace relations system.

Relevant Employee behaviour to implement to avoid unfair dismissal.

Some actions that can lead to dismissal from your workplace include; stealing, allegedly defrauding others, sending pornographic content to co-workers, and many more.

Building a strong work ethic that hinges on appropriate behaviours for an employee is a great way to ensure you won’t be getting the pink slip soon.

If you want to be on the safe side and avoid a case of unfair dismissal in the future. You need to implement these behaviours in your workplace.

1. Understand and obey the Fair Work Act for employees.

One way to safeguard yourself from pursuing an unfair dismissal claim in the future is to educate yourself on the knowledge of fair work acts. The fair work act provides for terms and conditions of employment and sets out the rights and responsibilities of employees, employers, and employee organizations to that employment.

The fair work act clearly, (1) Provides terms and conditions of employment. (2) Establishes the rights and responsibilities of all employees, employers, and organizations. (3) Establish parameters for compliance and enforcement. (4)Establishes the Fair Work Commission and the Fair Work Ombudsman to provide an administrative framework for the act.

As an employee, You need to recognize what can constitute an unfair dismissal claim and what is considered a fair dismissal. Specific reasons for dismissal are regarded as being ‘automatically unfair’. These automatically unfair reasons are to do with the following:

• Pregnancy, including all reasons relating to maternity leave.
• Family, including parental leave, paternity leave (birth and adoption), adoption leave, or time off for dependants.
• Acting as an employee representative, trade union representative, or occupational pension scheme trustee.
• Joining or not joining a trade union.
• Being a part-time or fixed-term employee.
• Pay and working hours, including the Working Time Regulations, annual leave, and the National Minimum Wage.
• Whistleblowing.

Being armed with such knowledge will enable you to make the right decisions in your workplace and keep you on your toes to avoid having your employment terminated.

2. Understand the content of your employee handbook.

While the Fair work act provides an external framework for the workplace. An employee handbook spells out the internal rules guiding workers. It covers areas such as rules of conduct, dress code, and grooming, attendance requirements, or workplace safety guides. It can also describe the communication policy within the company to avoid cases of bullying or harassment.

A non-discrimination policy can also make it to the pages of the employee’s handbook alongside conditions for compensation, leave, and overtime. Familiarizing yourself with the content will give you grounded within the company and ensure you act in strict accordance with the laid down rules.

3. Avoid gross misconduct at work

Having a stellar record at work will be insurance against a possible future claim for unfair dismissal. With a transparent and zealous background, your employer will find no grounds to single you out for a workplace investigation that could ultimately get you fired.

Don’t bully your co-workers and if you are being bullied, make sure you can defend such an act. Avoid sending pornographic content or emails within your workplace. Stay clear of fraudulent practice and generally be the “good guy” at work. It will save you lots of headaches and give a claim for unfair dismissal far from you.

4. Be competent at your job

Redundancy is a valid reason for dismissal. If you want to avoid making an unfair dismissal claim in the future, you might want to stay innovative at your job. You want to remain relevant to the company and be a problem solver in your workplace. If you are dismissed and you can justify that your dismissal due to redundancy was unreasonable owing to your skillset, then you could be on your way to claiming compensation or reinstatement.

5. Never make the same mistakes, twice

If your employer had complained about your approach to your task, then you should brace up and clean up your acts. You don’t want to be dismissed due to your inability to improve your performance. Multiple cases of ignoring the management’s warning might haunt you in a case of unfair dismissal. Grow in your job, make corrections, and don’t repeat your mistakes.

6. Claim unfair dismissal as your last resort.

If you are facing some issues at work and you want to throw in the towel. How about talking to the HR or other assigned superiors that can tackle your issues. Always regard a claim for unfair dismissal as a last alternative. Seek reconciliation and dialogue over rushing off to file for unfair dismissal against your employer. Be proactive, be smart, and always know when to give up.

In Conclusion

Beyond the need for profit maximization, employers must ensure their businesses provide an ethical workplace, where employees can strive and be treated fairly. The fair work act protects the Australian workplace. The Fair Work Act (2009) outlines the standards, rules, and obligations that are the basis on which your entire employment policy should be based.

Employees should also not be in the dark over issues about their job security and stability. They should cultivate the necessary behaviour that will enable them to grow in their workplace, and exempt themselves from actions that could constitute a dismissal or worse, unfair dismissal.

You can get started on your knowledge quest by calling 1300 766 700 to speak to us about your concern at your workplace and receive guidance on appropriate employee behaviour to avoid a future case of unfair dismissal.