I’m too scared to move someone on under the new IR rules.

Dear Aunty B,

I have a staff member who is driving me mad but I feel too scared of the new IR rules to move him on. I have tried everything. Coaching, mentoring, changing his job title, job description, moving him around and nothing has worked.

I have come to the conclusion that although well meaning he is not clever (to put it politely) and he can’t understand instructions or take initiative. One of his problems is that the job he was hired to do is no longer there as the business has changed, so I have tried to adapt him to other things outside his skill set which is extremely limited.

I never had trouble moving people on under the old rules and some of them are still in contact with me after I even helped them get a better job! But I am scared to move this guy on because of the new IR rules and the idea of this guy getting unions and lawyers involved makes me feel sick. (He is an ex-union official.)

What do I do? He is driving my other staff mad and it’s not fair on them as they have to spend hours explaining stuff to him and often find it quicker to do his job themselves.

HB,
Melbourne

Dear HB,

First of all you need to get rid of your fear of lawyers and unions. They all have a part to play in society, as you do. And it is natural to feel scared because most entrepreneurs have no experience of the law and feel intimidated by it. But the law is made up of a set of rules. You need to understand those rules. When you can’t understand them you need someone to interpret these rules for you. What you can’t do is avoid acting. You are an entrepreneur not a potato. And as I say until I am blue in the face, you have an obligation to your staff and other stakeholders to move your employee on. Just remember, a weak employee drags down all those around him, including you!

Your first step is to read our guides on SmartCompany about how to do it properly. If you are still feeling uncertain consult a lawyer so you are careful to do it by the book.

Be smart,
Your Aunty B

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