VIC Lawfully terminating employee - How to?

[RippedOffFranchisee]

I am on a dozen call backs waiting for lawyers to contact me, but they are obviously not interested in small fry and I cannot get my question answered.

We have an employee that we would like to terminate, myself, and my business partner, do not currently work in the business as employees.

We have heard on the grapevine, that if we are to step into, and work in the business, that that is enough reason to terminate with normal notice periods.

Can anyone confirm?

 

[Tim W]

I am on a dozen call backs waiting for lawyers to contact me, but they are obviously not interested in small fry and I cannot get my question answered.

We have an employee that we would like to terminate, myself, and my business partner, do not currently work in the business as employees.

We have heard on the grapevine, that if we are to step into, and work in the business, that that is enough reason to terminate with normal notice periods.

Can anyone confirm?

No. There's more to it than that.

 

[Docupedia]

Generally there are three reasons to end an employment arrangement from the employer's perspective:
1. The arrangement was for a specific, limited role and it ends (unusual);
2. Termination for adverse conduct; or
3. Genuine redundancy.

I added the 'genuine' to 3, because it's often an area that trips employers up. Redundancy speaks to the position - not the person. People are not redundant, they are only in redundant roles. If you can fill the position with another person, then it is not a genuine redundancy.

There is much more to it than that - but that's the basics.

 

[RippedOffFranchisee]

Okay great, thank you for the information. We will start performance managing the employee then to ensure we tick the right boxes.

 

[Rod]

Go the redundancy path. Splitting role between partners.

 

[Tim W]

Okay great, thank you for the information. We will start performance managing the employee then to ensure we tick the right boxes.

One thing... You have to have grounds, do it formally, and get it right.
Cooking stuff up falsify a sacking will get you in a world of legal pain.
Maybe start by consulting your franchise manual, and the Support Managers at your franchisor.

 

[Atticus]

Don't know your reasons for wanting to terminate. But I assume if it was to do with performance or conduct, then s/he would be gone by now. Doesn't sound like the position held is actually being made redundant either.

You may be treading a fine line if you are thinking of going on a kind of witch hunt or terminating on flimsy grounds ... Maybe offering a termination package might be a better way to go.

 

[Rod]

Doesn't sound like the position held is actually being made redundant either.

Below are the grounds for redundancy. Better than fake performance reviews.

if we are to step into, and work in the business