It’s true, you do need to bite the bullet and sack that person who is causing so much grief to you, your team and your customers. You are a good person and you hate the thought of having to fire someone, even if they are a bad employee in spite of your efforts to make it work. You’re also worried about what would happen to you and your business if a claim of unfair dismissal were to be lodged. It could be the ruin of you financially and professionally. Couldn’t it?
What if you were to look at it like this: Not firing that bad employee could ruin you personally and professionally.Most small businesses operate with small teams and are in many ways like a family. That’s one reason it is even more important that every member of your team pulls their weight and does their job well. Have you actually worked out the real damage to your business if you keep that bad employee?
The problem is that you feel that sacking someone is risky; and you don’t want to end up at Fair Work with an Unfair Dismissal claim. You are afraid that the time taken to defend claims like this will cost your business dearly (you’re thinking in terms of time and legal fees). And you worry about the reputation of you and your business if word gets out that you have had such a claim lodged. That’s not how the process works though.
Let’s look at your situation another way:When there is a poor performer or bad behaviour in your business, it is costing you a lot, right now.
The fact is that doing nothing is costing you! And it will keep costing you for the future in which this person works with you. Doing nothing is not a viable option.
So what can you do? Performance discipline processes should be outlined in your policies and procedures. If not, now may be the time to raise this with your trusted advisor or a specialist consultant. They can help set up a set of policies that suit your business and which will assure you of compliance. If your business has less than 15 employees then you are classed a Small Business. Fair Work has published a "Small Business Dismissal Code" that is well worth reading.
Regardless of the size of your business, there are a few simple key steps to addressing a bad employee.
An unfair dismissal claim won’t be the end of your business, however you would be wise to seek advice before you take steps to terminate someone’s employment. Even if it is for serious misconduct (such as sexual harassment, bullying or theft) you need to get advice to make sure that your process is proper.Members of The Network Of Consulting Professionals are highly experienced in employee termination processes, dealing with problem employees, conflict resolution and getting teams and organisations back on track. Email us and we will put you in touch with our specialists.