Advice on how to deal with redundancy and serious misconduct blog post image

Advice on How to Deal With Redundancy and Serious Misconduct

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“Two meetings, why do I have to have two meetings, what if I just do one?”

This was the question one of my clients just asked me. My response was, “Yes it is necessary and no, one isn’t enough.” But my client was the expert obviously and he did his one meeting.

Want to guess what the one meeting cost him – $4600. The employee took him to Fair Work and he was found to have not provided sufficient consultation and was ordered to pay. The Employee requested a higher amount, but a negotiation was undertaken to get it to this amount. He was mortified. “All because I didn’t do a meeting?”

“Yes, because you didn’t have a second meeting.” When you receive advice from an HR Professional or Lawyer about terminating someone, for performance or redundancy and they tell you what to do – please follow their instructions. This applies to small and micro businesses as well.

If you believe you need to make someone redundant please get our assistance.

Serious Misconduct

Just because an employee pisses you off to the point of wanting to kill them, doesn’t necessarily mean that they can be dismissed for Serious Misconduct. You need to ensure that it is actually serious misconduct and in the situation of a theft, the theft must be proven, not just an assumption by you because something is missing.

An Employer was about to terminate one of his staff because he believed the person had stolen from him. In his defence, the Employee was the only one present at the time and the items were not in his possession after the shift. The office doesn’t have any form of video surveillance and the Employer believed that the Employee was selling items from the back of the shop to supplement his income.

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Before he could terminate, he installed a camera (gaffer taped it inside a wheelie bin!!) at the back of his shop and got video evidence of the employee selling his items from the back of the shop, as he expected. He was then in a position to press charges and have him dismissed.

Whilst to us it is black and white, you need to ensure that there is no grey area at all.  Proof is a major requirement for a termination for Serious Misconduct.  If you require assistance with someone who is pissing you off, talk to us, we have plenty of gaffer.

If you think you have a case of serious misconduct please get us to assist with the process.



Hi, my name is Karen Vercoe and I am the Director of The HR People. Chan & Naylor have invited us to provide you with information about our services and how we can assist you. We are a team of HR consultants with extensive experience in multiple industries and we have national reach.

Each month we will provide an article. These articles will be information about current legislation and/or clients who have had to pay large fines or penalties to staff because they didn’t do the right thing. Often these people were unaware that they were doing the wrong thing.

If you have staff, there is a large amount of legislation that you need to be aware of and our role is to ensure that you are armed with that information so you can make educated decisions. In the event of a fine, you will be best positioned to act on the consequences before rather than after. We will cover contracts of employment, employment relationships, termination, redundancy, sham contracts, unfair dismissal, workplace health & safety and much more.

Related:  Casual Staff by Karen Vercoe

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We look forward to working with you and your team.

The HR People

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Disclaimer: Chan & Naylor take no responsibility for the accuracy of any research material of contributors to our newsletter. Contributions to our newsletter are meant to be educational only and Chan & Naylor does not endorse any promotional material promoted in their articles. Readers should do their own research to determine the accuracy of their material.

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