It is common for employees to face challenges while balancing family and work responsibilities. Sometimes, their family obligations begin to impact their work performance, causing employers to consider termination. However, it is not always a straightforward decision for employers due to wrongful termination and discrimination claims.
Wrongful termination occurs when employees get dismissed from their jobs in an unjust, harsh, or unreasonable manner. In Australia, they are protected by the Fair Work Act 2009, which explains the legal framework for employment relationships and highlights possible remedies for unfair dismissals.
Employees enjoy different wrongful termination rights in different parts of the world. For instance, there are some key differences in wrongful termination rights between Australia and the U.S., especially related to employment at-will doctrine, unfair dismissal protections, notice periods, and the claim filing process. It is important for employers to seek legal assistance to navigate this sensitive situation.
Types of Wrongful Termination
Employees often face work-related problems when they have personal problems. Someone going through a tough divorce will have a hard time giving their undivided attention to work. This can be avoided by hiring expert Brisbane family lawyers who take care of everything from start to finish.
In fact, they can help with most family-related problems, such as domestic violence, child custody, parenting arrangements, and so on. These experts handle everything on their behalf, giving them enough time to fulfill their duties at work. Both employees and employers need to learn about different types of wrongful termination cases to know their rights. For instance:
- Discrimination-based termination: It refers to a situation where an employee is terminated based on protected attributes, such as gender, race, age, or disability. It is prohibited under the Anti-Discrimination Act 1991.
- Retaliation-based termination: A case falls into this category if an employee is terminated after exercising their workplace rights, such as participating in an investigation or filing a complaint.
- Breach of contract termination: It happens when an employer violates the terms of an employment agreement. The violation could be verbal or written, usually involving unfair dismissal without notice.
- Violation of public policy terminations: If an employee gets fired for not engaging in illegal activities, the case falls into this category. It may also happen when an employer fires someone for reporting unlawful practices. In these scenarios, employees are protected under Queensland’s whistleblower laws.
- Constructive dismissal: It refers to a situation where an employer forces someone to resign by creating intolerable working conditions. Employees have to prove with evidence that the employer’s actions left them no choice but to resign.
Considering different types of wrongful termination cases clearly explains that terminating an employee only because of their family responsibilities may lead to serious legal consequences. Employers need to ensure that termination decisions are based on non-discriminatory and purely legitimate reasons related to job performance.
Assessing the Situation
As an employer, it is vital to assess the situation before considering termination. For instance, they should document performance issues or attendance issues, including specific incidents.
At the same time, they need to consider how the employee’s family will get affected if they lose their job. If they feel it may be taken as a discriminatory act, it is also a good idea for employers to consider alternatives.
For instance, they can explore other options, such as job sharing, flexible work arrangements, or temporary reassignment before going ahead with termination. Employers should also follow certain best practices when dealing with such a sensitive issue. For instance:
- They should maintain honest and open communication with the employee and share details about their performance while highlighting the company’s concerns.
- They should seriously think of offering support, such as employee assistance programs, so they may explore available leave options.
- They should talk with the employee and look for reasonable accommodations that let them manage both work and family obligations more efficiently.
Besides these, employers should also be consistent when it comes to enforcing policies and procedures. They should also seek legal advice as many law firms can help with these cases.
Working with a Legal Expert
Working with a legal expert makes a lot of sense if an employer has finally decided to fire an employee. These experts work with you to gather and analyze evidence to prove there is no case related to wrongful termination. They may even help organize relevant documents, such as correspondence, employment contracts, and performance reviews.
They also understand the importance of finding potential witnesses to strengthen your case and offer their assistance in every way possible. Working with an expert is important because they outline legitimate reasons for termination. For instance:
- The employee often fails to meet job requirements despite reasonable accommodations.
- The employee is often absent, which creates undue trouble for the business.
- The employee fails to follow company procedures or violates official policies.
- The employee no longer has any demand in the company due to economic factors or business restructuring.
Working with a legal expert means employers can learn about and follow the correct termination process. For instance, they should always provide clear reasons and explain the specific business or performance issues for the termination. It is also important to comply with notice requirements, making sure they do not breach employment contracts, which could provide the ground for employees to file a wrongful termination claim.
Similarly, it’s a good idea to conduct a fair meeting while making sure a witness or a legal expert is there in person. Employers should give their employees a written notice of termination clearly explaining the reasons. Lastly, they should calculate entitlements, which should include redundancy pay or accrued leave.
Endnote
Dealing with family matters can be hard for employees, especially when they are undergoing a tough divorce or dealing with domestic violence in any way or form. In this situation, employers are left with no choice but to consider termination. However, they have to handle it carefully or it can turn into a wrongful termination case. Working with a legal expert can help assess the situation and handle the termination process without facing any legal consequences.
Featured Image by Gerd Altmann from Pixabay
