We recently took instructions from a client involved in a precarious position with respect to their employment.
In short, our client had been advised that she was invited to a disciplinary meeting. In advance, the employer presented four serious allegations against our client, specifically alleging that the conduct the subject of the allegations amounted to serious misconduct, which is grounds for summary dismissal (immediate dismissal without notice).
Our client contacted our firm at 4pm the day prior to the meeting. In the short time available, we were able to review the show cause notice issued to our client, assess the four separate allegations raised, and devise a strategy which would enable our client to exit the company on their own terms.
Attending the meeting the next day it was indicated by the employer that our client would be terminated, or could resign with a two week notice payment. Our client requested a further day to consider the allegations against them (as we had advised her to do).
That afternoon, following the meeting, we contacted the employer and held discussions regarding the flaws and weaknesses in the allegations levelled against our client. In particular, we raised concerns that the allegations were unsubstantiated, and indicated that should a termination occur, we were instructed to commence proceedings in the Fair Work Commission for unfair dismissal. Having raised real doubt as to the allegations, and whether termination was in fact the appropriate course of action, we sought further instructions from our client.
Our client confirmed that they would be happy to exit the company, but wished to do so on their own terms, and preferably with a payment to cover the period in between jobs, this was particularly important noting that the jobs market is harder now than it has been for some time.
Upon contacting the employer for further discussions, we put to the employer the terms of an offer which would result in our client being happy to resign and refrain from commencing unfair dismissal proceedings. Negotiations were carried out in good faith, and to the employer’s credit, they acknowledged that our client had in fact been a good employee, and the case was not clear cut.
Through strategic negotiation, we obtained the following deal for our client:
1.Opportunity to resign;
2.4-week notice period to be paid;
3.An additional 8-week salary to be paid;
4.All annual leave accrued to be paid out;
5.Commission earned to date to be paid out; and
6.Statement of Service to be provided by the employer.
Here at Green & Associates, we have extensive experience in taking last minute instructions and pulling a rabbit out of the hat, like we did here. If you feel that your employer is forcing you out, and the allegations against you are weak or unfounded, please contact us urgently so we may assist. We can be contacted on (02) 8080 7585
