this post was submitted on 14 Jul 2023
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While it’s true that casual employees can be dismissed without notice, they can’t just be let go without following the correct procedures. I worked in retail for years and the way the company dealt with getting rid of people was to just decrease the amount of hours they got. If they wanted to actually sit someone down and say ‘you’re fired’, they needed to have followed all of the procedures, such as giving them written warning and putting them on improvement plans. Without that, the worker was fully within their rights to file for unfair dismissal. So before doing anything on behalf of your shitty boss, I would make sure that the procedure has been followed to a t. If any step is missing, or they’ve never given them a written warning (written, as well. Not verbal. There’s no paper trail for verbal), etc, then you wash your hands of that situation. Because if they choose to escalate it, it’s your ass that’s on the line, not your boss’s.
Are you even in an official managerial position that allows you to dismiss people?
So to clarify, I am the Store Manager and I report in to the director of the business who is the one asking me to do this. I absolutely agree regarding following the correct process. As I mentioned, the employee hasn't done anything to warrant instant dismissal but has probably behaved in the way that warrants a sit down and verbal warning. It's also behaviour that the owner has allowed to continue for 5 years without giving warnings verbal or otherwise, so the employee would absolutely be within his rights to go to fair work. I imagine the owner is getting me to do it so it's my ass that stomped and not hers.
Yeah, I would just go back to the director with all all the fair work stuff and say ‘sorry not sorry I don’t want to be sued and I don’t think you do either’
Give them this link: https://www.fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/ending-employment If it’s a small business, there’s a seperate checklist that they can follow, but it’s all still essentially the same.
Let them know that, if they have a series concern or issue about the employee, you can sit down with them and give them a warning and do a performance review, but even then, they have to be given a certain amount of time to work on the issue. Your hands are tied and there’s nothing that you, personally, are legally able to do
Thank you. I've emailed my boss and presented my objection in a way that is about protecting the business and suggested going 100% by the book. Hopefully they see reason. If they don't listen, i'm going down the i'll be liable route.