Please note that the printed version of this book is out of stock and no longer available. The eBook version is still available for purchase.

Termination can be a costly exercise and it is essential that policies and procedures are in place to ensure that the law is complied with, the outcome is fair to all parties, and there are no repercussions at a later date.

This second edition of Termination of Employment is a best practice guide to terminating the employment of an employee for a range of reasons, including poor performance, misconduct, redundancy and restructuring. It examines the new test for justifiability (introduced in 2011) and explains when and how an employer can justifiably dismiss an employee. It discusses appropriate policies that might be adopted and procedures that ought to be followed. It also provides clear case examples of good and bad practice in various employment termination scenarios.

Topics covered include:

• an introduction that includes an outline of the relevant law
• a general discussion of how employment can be terminated and of dismissal situations and personal grievances
• an explanation of how to carry out a “best practice” dismissal beginning with matters to be considered at the time of entry into an employment agreement and issues that can arise during the agreement
• how to carry out performance management and – dismissal for poor performance
• how to carry out a dismissal for misconduct
• how to carry out a dismissal for redundancy
• a discussion of termination during parental leave, and because of illness or incapacity
• an outline of the procedure involved in raising and responding to a personal grievance
• a discussion of discrimination generally and of the need for employers to be aware that discrimination against employees is prohibited and that an employee who is dismissed for a discriminatory reason will have grounds to bring an action against the employer
• a discussion of restraint of trade provisions.

Extremely practical, this guide will assist employers, HR managers, legal and business advisers and industrial relations specialists to manage various types of employment termination and to avoid having to deal with costly and time-consuming personal grievances.