So you think you're about to get sacked...
People often contact me asking me for advice on how to respond to their employer in circumstances where they think they may be in danger of losing their job. Often they are not wrong. Here are some practical steps that you should take if your employer is taking (or proposing to take) disciplinary action against you.
These steps may save your job or make the employer realise that they are being a bit over-zealous.
In the unfortunate event you do happen to lose your job, you’ll have evidence that can assist you if you happen to make an application for an unfair dismissal.
Get a support person
When an employer is looking to take disciplinary action against you have the right to have a support person with you in all meetings with management. The role of a support person is not to speak on your behalf but to be there as a witness for you, to help you understand the issues, and to take notes.
A support person can be a work colleague, a friend, a family member, or a union representative.
Get it in writing!
Whether you have had allegations made against you, you have received a warning or you have had your employment terminated – get it in writing. Whatever an employer gives in in writing should include sufficient detail of the reasons they are taking certain actions.
Too often employers get away with making broad and general allegations of misconduct or poor performance, without giving you any real detail that you can respond to.
Getting something in writing is your chance to really challenge the employer on the allegations… and it can protect you down the track. You should always seek the following in writing:
Allegations of misconduct and the evidence or a summary of the evidence.
Performance improvement plans with clear objectives
Show cause notices.
Warnings and termination letters.
Respond
You have a right to respond to allegations against you. I’d generally recommend that you do this in writing. This is your chance to provide your side of the story including your own evidence such as witness statements. The employer must take your response into account, if they don’t then they have not provided you with procedural fairness. You can also question the employers process and consider issues such as:
Have you received previous warnings or performance counselling?
Does the punishment fit the crime? For example are they proposing to terminate your employment when really a written warning would be reasonable?
Have they considered your past performance and conduct?
What evidence are they relying on? You have a right to see the evidence or get a summary of it.
Why is what they are alleging wrong? Does it breach a policy or management direction?
Get advice
If you are unsure of your rights or the process, seek advice from an appropriately qualified and experienced person. Remember you only have 21 days to lodge an unfair dismissal. This is general advice only and does not apply to specific circumstances. If you are seeking more specific advice, please contact me.
