Words and Their Implications

It’s pretty easy for a business to find themselves in front of the Fair Work Commission. Don’t get me wrong. We need a body to protect employees when employers take action which is inappropriate. Because, unfortunately, there are still business owners who like to ignore the law and treat their employees disgracefully.

Two high profile cases are before the Commission relating to people in the sporting arena. Firstly, Des Hasler is disputing his dismissal as coach of the Bulldogs NRL Team. Hasler signed a contract extension in April and the club announced he would be staying with the club till the end of the 2019 season. Then in September the club announced Hasler’s contract expired in October and would not be renewed. What was missing from the contract?

The second case relates to a senior NRL referee, Chris James. James has refereed over 200 first class games and two semi-finals and was in the running to referee a semi-final this year. In September, the NRL Referees boss, Tony Archer, praised James’ performance and his work with young referees. In October, James was sacked, apparently without any explanation provided to him.

Both of these cases may have contributing factors which aren’t being reported. However, the second case, sets alarm bells ringing. How can an employee be praised in one breath and then sacked the next? It is feasible the employee may have done something which left no alternative but instant dismissal. But what if that’s not the case?

If you are conducting performance discussions (reviews/appraisals) with your employees, don’t leave out the not so nice stuff. If their performance is lacking, or their behaviour doesn’t align with the Values of the business you must discuss it and document it. If you consequently dismiss them and there is no reason provided regarding the dismissal, the positive performance review will be a red flag.

Are you crossing your T’s and dotting your I’s? It may not stop you from getting a fine but it may affect the size of the fine. Not to mention the impact to your business.