Sacking an Employee

[yobskin]

Ive caught many doing the wrong thing and dismissed them instantly.( casual employed)
I had to layoff 75 realy good hard working people n mates when my fish proccessing facilty closed down now that brought on the tears... 8.( ....you have to do whats best for buisness thats all.

 

[gcause]

I had to do it a few times and its never pleasant but necessary both for you and them so everyone can move on in life. Best to make it a clean break then and there no second chances. Best of luck with this.

 

[goldtruck59]

Id take him out the back paddock and give him some councilling.

That's a cracka of an idea mate. Bastard employees know how to milk , thrive and take the piss in an unfair workplace/system that is totally in the workers favour. If you could give them a bit of biffo it would make the zillions of dollars they scam out of you, a little less hurtful.
Still with every bastard employee there is a good and loyal one. I don't know an employer that doesn't worship an honest and loyal worker. I do and I bend over backwards for them to keep them.

 

[Metamorphic]

Good advice from all above so dont need to add except to wish you the best with it Twapster.....never a pleasant or easy thing to do!

I have had to sack myself a few times, mostly for incompetence.

Once i caught myself having a beer on the job!

As GT says, I always make the mistake of re-hiring myself, and usually the offences are repeated

 

[outboard]

Good morning Twapster,

I'm assuming your business is in NSW, if so this is from the NSW industrial Relations.

Notice periods (National Employment Standards)

Employees period of continuous service with Employer at the end of the day notice is given and the
Period of notice required,
Not more than 1 year
1 week
More than 1 year but not more than 3 years
2 weeks
More than 3 years but not more than 5 years
3 weeks
More than 5 years
4 weeks

An employer is required to give an additional weeks notice if the employee is over 45 and has at least two years of continuous service.

I hope this helps mate.

does this apply when the reason for dismissal is theft from the business ?

 

[HeadsUp]

est 70 % of fraud or theft cases are never detected.

80 % of fraud offenses detected by management are never reported to police

est 67 % are carried out by female employees

cover your asss with half inch stainless steel plate in duplicate

good luck :|

 

[Magilla]

My daughter works for a law firm that specializes in workplace and industrial law.

This is one area where legal advice can save money in the long run. The laws are not as simple as they should be and even switched on employers often find themselves in court.

Contrary to popular belief stealing is not always reason for instant dismissal, even though it should be.

 

[stevo]

I dont think it does.

 

[Bazz]

some good advice all round.....

Me! I would have called the cops on the spot, Theft is theft.....

Isn't it amazing if your employee thinks you wronged them your arse is grass, but it seems that fish is only a one way swimmer, amazing!!!!

I think you showed great patience in waiting, I should try it, might get into less trouble.

Good luck with it all.

 

[Pauly]

Youll be suprized what people will go to the fair work people for. The employee could tie you up for a bit in the tribunal. If it was me I would front them and tell them you have the footage, please explain the give them the option of resigning immediatly or call in the police. Most will take the resignation option.

 

[stevo]

If I remember correctly, at my former work a fella was caught stealing from the factory stores. He was marched down to the work office block and with a union rep present was given the choice to resign on the spot or be dealt with by the police...he took the first choice and was marched out the gate by security straight after he signed his resignation.

 

[Matturbo]

When I used to be a postie, a few carloads of AFP officers came and took a parcel contracted away, they found hundreds of parcels in his house. All these horror stories will keep me as a sole trader I think.

 

[Goldtarget]

I can only comment from my experiences in vic mostly with national companies but I think you'll find in the vast majority of cases internal policy and procedures will compel you to sign documentation stating what offence types will result in termination of employment. Probably a friendly reminder for those employers out there that may not have such systems in place to prioritize something of that nature for existing and future staff. Couple hours with a solicitor should be enough to have something drafted up. In any case shouldn't be to hard to drop a theft charge ( or similar such as larceny in SA etc) on the table if push came to shove. More than one way to skin a cat.

 

[Guest]

Outboard,

Sorry for the delay mate. In answer to your question. Yes, from what I can tell. The employee is an employee. The illegal activity is for the police and the law to deal with, not the employer.

You will find in any disciplinary matter, most employers will payout the required time the employee has accrued and any other benefits they may have before termination.

It is always best to get legal advice first though.

 

[AngerManagement]

Qld government and most others outline offences that will see you terminated ASAP.

While in some cases there may be some leaniace and or exceptional circumstances; items under the criminal code are usually dealt with quickly.

As usual the issue of evidence Vs hearsay has to be taken into account.

Violent or Sexual Assault etc and stealing, and in-particular; stealing from patients is one that has all sorts of moral and ethical overtones.

Many times it is the choice of resign and min payout OR call the Police and have them charged. But even this has to be done correctly to ensure you not putting your self on the chopping block...

The hard part, is if they resign and then some one calls wanting a reference report on said person; when they are going for other work. Your reply / response has to be carefully worded.

 

[goldtruck59]

How did you go Twapster? Hopefully all went well.

 

[TenOunce Tone]

Twapster, He is the one who should be feeling sorry for himself, caught red handed on tape is an excellent learning tool for the offender.

Sit him down, show him the tape, tell him to leave. End of story, if he wants to carry on about it, offer to press charges for theft, or stealing, I am sure the boys in blue will be able to offer a few alternate charges also.

Dont feel bad, it does suck but you cant have this tea leaf lifting the hard earned out of the till. Everyone knows how hard it is to make a buck these days.

You are doing the right thing
Cheers, Tone

 

[Twapster]

Twapster, He is the one who should be feeling sorry for himself, caught red handed on tape is an excellent learning tool for the offender.

Sit him down, show him the tape, tell him to leave. End of story, if he wants to carry on about it, offer to press charges for theft, or stealing, I am sure the boys in blue will be able to offer a few alternate charges also.

Dont feel bad, it does suck but you cant have this tea leaf lifting the hard earned out of the till. Everyone knows how hard it is to make a buck these days.

You are doing the right thing
Cheers, Tone

Pretty much did that this morning and all is ok.................so far