question archive Provide and explain at least 8 examples of ways an employer can reduce the chance of facing a successful claim for wrongful dismissal
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Provide and explain at least 8 examples of ways an employer can reduce the chance of facing a successful claim for wrongful dismissal. For each example be sure to explain your recommendation.
Dismissals, if poorly handled, can create a serious risk of liability for your company. This might be a problem if there is not enough documentation to justify the termination, or if the documentation is contradictory, or if the termination posses' suspicion at the time, for example, if it comes after an employee files a discrimination complaint. This looks like a retaliation on the employer's part. These are the ways that could reduce the likelihood of an employer facing a successful claim for wrongful dismissal.
1. Ensuring that your employment agreement allows an employer to be flexible in changing certain term unilaterally
From the start of the employment contract, the agreement can address circumstances that might rise to a successful dismissal claim. So, to evade possibilities of being tied to sticking to a stiff plan that could be used to bind you in a case of termination, the agreement should comprise terms that let the employer have the flexibility of changing employees' work location, duties, remuneration, benefits, title, and reporting structure.
2. Enter into new employment terms based on the revised terms
Entering into a new employment contract that replicates changes to employment calls for the employee's need to consent to the revised employment terms. The employer must justify issues like bonuses, a raise, job security, or promotion for the new terms to be considered fit.
3. Developing channels for effective communication
Transparency and effectiveness in communication play a vital role in ensuring effectiveness and ensuring employees feel engaged in the workplace. Clear communication of expectations by providing access to policies. It is also recommendable if an employee raises concerns about dismissal; then, the employer should use proper communication to address every minor detail. This also avoids the possibility of "being caught up" in the issue. Adequate communication allows employers to address employees' apprehensions before a possible successful claim of dismissal arises.
4. Give employees reasonable notice of change if you need to make a significant change
Giving a reasonable notice that has a period justifiable same as if you were terminating the employee without cause. The termination provisions also determine this in the employment agreement of the employment standards code or under common law.
5. Terminate employment and offer employment on revised terms as mitigation employment
As in all employment claims, to mitigate an employee's losses, the new employment under revised terms would help. By offering this type of employment on revised terms, then the employer has a chance of protecting themselves in the event of litigation by preparing a mitigation defense.
6. Never act out of emotions
When in the heat of the moment, never terminate an employee based on your judgment's current state as this might be stirred up by emotional stand and later you may not see the issue in the same way and might be too late to reverse the events. Follow simple disciplinary concerns like sending the employee on a suspension if the company policies allow it before launching the termination.
7. Have options to termination decided
Always have optional disciplinary options that could be used instead of termination by considering a less dramatic option available. This avoids the possibility of always landing into a dangerous approach of just terminating. Employees must fight for their jobs, and losing it will never be that easy, hence the high possibility of reclaiming it through a lawsuit.
8. Consult properly with relevant departments
To avoid using inappropriate reasons to terminate, consulting with the right people would be better because terminating on assumed issues can be harmful if a lawsuit arises. So, proper consultation on policies or courses of action is important before initiating any action.