How to keep staff relations positive
MANY ARGUMENTS START WHEN EXPECTATIONS ARE NOT MET, SO YOU NEED TO BE VERY CLEAR AT THE BEGINNING OF THE EMPLOYMENT RELATIONSHIP EXACTLY WHAT YOU EXPECT
JOHN HAYWARD PARTING ways with an employee can be a particularly stressful time for a small business.
An employee may be dismissed without notice if they engage in serious misconduct, such as theft or violence.
What if they haven’t done something serious but are not working to your satisfaction?
Perhaps they do not pull their weight, regularly take “sickies”, refuse to be a team player, or do not have a good rapport with customers.
This sort of behaviour can hit a small business hard and needs to be dealt with.
You have to give your employee a clear understanding of what they are doing wrong and why that is unacceptable.
Give them a chance to rectify their behaviour and let them know the consequences of failing to do so, which may include being dismissed.
When you employ someone, it makes good business sense to clearly spell out your expectations in their contract and position description.
Many arguments start when expectations are not met, so you need to be very clear at the beginning of the employment relationship exactly what you expect of your employees. This will also help let them know what they can expect from you.
Essentially, you should look at the employer-employee relationship as you would any relationship: there should be good communication to ensure a clear understanding of what is expected of each party.
Another tactic in preventing problem behaviours among employees is to create a positive workplace culture.
You cannot expect something of your staff that you are not doing yourself.
Good communication is another key tactic – deal with issues when they arise, rather than letting things slide.
For example, if an employee is late for work two days in a row, point this out to them and explain that it is essential to have the doors open by 8.30am for customers.
Leaving the discussion of problems until an employee’s annual performance review is more difficult than dealing with issues as they arise. And, as in any relationship, it is best to deal with issues in a nonconfrontational manner, so that resentment is less likely.
The Fair Work Commission has an online checklist to help small business employers with fewer than 15 employees comply with the Small Business Fair Dismissal Code.
According to the Code, it is fair to dismiss employees without warning if they engage in serious misconduct, such as theft, fraud, violence or serious breaches of occupational health and safety procedures.
You must give your employee a valid reason why they are at risk of being dismissed, based on their conduct or capacity to do the job. You can warn your employee verbally, but it is best to do it in writing.
You must give the employee an opportunity to respond to your warning of dismissal, and a reasonable chance to rectify the problem. This may require you to provide training or to clearly spell out your expectations.
In deciding whether or not a dismissal was unfair, the Fair Work Commission will look at whether the dismissal was harsh, unjust or unreasonable in all of the circumstances.
Every case will be different. You might, for instance, be more lenient with a long-term employee who is going through a difficult period, such as illness or a marriage breakup, which temporarily affects their work.
Don’t rush it. Think through the situation fairly and methodically, follow the proper process, and seek professional advice if you need it.
John Hayward is an employment lawyer at WGC Lawyers