Practice Area Overview:
Are you being unnecessarily performance managed or facing disciplinary action at work? Don’t start looking for another job, Pace & Associates Lawyers can assist you by intervening early to prevent the matter escalating to an unfair dismissal.
Many employers decide to remove an employee prior to commencing a performance management plan. This is especially the case where an employee has exercised workplace rights, been with the company for many years, or has returned from maternity or personal leave.
Performance management or improvement plans (PIP) can often be implemented as a way of establishing a valid reason for dismissal where the employee is not able to meet the requirements of the plan. Employers will also use this plan to assert that they have met their requirements to afford procedural fairness to the employee pursuant to Section 387 of the Fair Work Act 2009 (Cth).
A PIP should clearly outline the areas where you need to improve, a timeframe for improvement and steps you can take to get there. If you believe the expectations set through the PIP are unreasonable, you have the right to make a complaint or inquiry concerning your employment. Making a complaint or inquiry is considered a protected workplace right, this means it is unlawful for your employer to take adverse action against you for exercising this workplace right.
It is important to act quickly if a performance improvement plan is implemented, Contact Pace & Associates to schedule an obligation free consultation.
A disciplinary meeting usually precedes disciplinary action, including the issuance of a warning or dismissal and involves an employer outlining allegations of unsatisfactory performance or conduct to an employee. The meetings are often used by employers to obtain incriminating information from an employee before the employee has been properly notified of the allegations and given a reasonable opportunity to respond.
Our team can provide you with expert advice and act as your support person throughout the process including:
- Informing you of your rights and discussing the best path forward while considering your immediate and broader objectives;
- Placing your employer on notice that a person with the relevant knowledge will be present, forcing a more careful consideration of the issues they allege;
- Providing evidence of the meeting in affidavit form in the event the matters are escalate to litigation;
- Negotiating on your behalf, noting the employer’s behaviour, which may amount to an unfair dismissal, genuine redundancy, general protections and other claims;
- Taking detailed notes during the meeting ensuring that you can clearly put your position forward; and
- Writing to the employer after the meeting to confirm outcomes.
If you have been directed to attend a disciplinary meeting, it is important to obtain advice well prior; it may be the difference between keeping your job or losing it.
Contact Pace & Associates Lawyers to schedule an obligation free consultation.
Pace & Associates Lawyers