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Managing Performance, Dismissal and Redundancy
Course Code: MPDR
It is essential that employers keep up to date with the changing workplace relations landscape, particularly in relation to unfair dismissal. Under the Fair Work Legislation there is a return to a more accessible system for some employees to challenge dismissal. Moving to terminate the employment of an employee at any level in a manner that minimises risks requires a full appreciation of procedural and substantive fairness, regardless of whether the termination is due to poor performance or misconduct or redundancy.
This programme will also consider issues of bullying, which are one of the most frequent causes of dispute in the workplace. There have been some high profile cases: Nikolich and Naidu, to name a few, which have cost organisations a large amount of money in terms of damages, legal fees and management time. This programme will consider how to avoid these situations.
Learning Content
This half day programme will cover the following topics:
• How to lawfully terminate employment – including the changes in the Fair Work Legislation
• How to minimise the risk of an unfair dismissal claim
• A process for dealing with misconduct
• A process for managing poor performance
• A process for managing redundancy
Learning Outcomes
At the conclusion of this programme, participants will be able to:
• Understand how the changes in the Fair Work Legislation will affect the unfair dismissal regime
• Define the differences between managing misconduct and poor performance
• Explain the meaning of substantive and procedural fairness
• Recognise how to minimise the legal risks in this area, particularly where there are bullying complaints
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