Is it true I can’t sack anyone?

Dear Aunty B,

Over Christmas I resolved to finally sack two key staff who have been under-performing for years, despite repeated warnings, encouragement and training.

I felt bad about sacking them when unemployment was high, as they have been with me since the beginning, but I am sure they will pick up work soon.

But then I ran into a lawyer on New Year’s Eve and he told me that it was now impossible to sack anyone and that Fair Work is stacked with union supporters and they are looking for test cases. Is this true?

Mayfair,
NSW

Dear Mayfair,

I am hearing this quite a bit. No, it is not true that you can not sack people. If you follow the correct procedures then you can move people on.

Yes, the rules have changed and businesses don’t have as much flexibility. But it is very important for you to get the right people in key positions this year, because even though things are picking up, there will be new challenges to confront.

If you are nervous about making sure you are following the correct procedures then consult an IR lawyer.

Letting people go is always difficult. Letting people go who have been with you from the start is even more so. But often they can not adjust to the growing company and they don’t want to adjust. In the end they may be happier in a different environment.

Good luck!
Your Aunty B

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