Linq HR - Blogs (Information) #labour lawsLinq HR - Blogs (Information) #labour lawshttps://www.linqhr.com/blogs/tag/labour-lawsWed, 01 Apr 2026 02:33:45 +1100http://zoho.com/sites/<![CDATA[Why Recording Minutes Matters in Enterprise Negotiations]]>https://www.linqhr.com/blogs/post/why-recording-minutes-matters-in-enterprise-negotiationsClear and accurate minutes are one of the most effective tools for achieving a smooth and compliant enterprise bargaining process.]]>

Enterprise agreement negotiations are complex. With multiple stakeholders and legal obligations, keeping accurate minutes is not just good practice, it is essential.

Key benefits of issuing minutes:
  • Transparency: Records ensure all parties share a clear understanding of discussions and commitments (Fair Work Commission, 2022).
  • Compliance: Minutes help demonstrate “genuine agreement” under the Fair Work Act 2009, which is vital when seeking Fair Work Commission approval (Fair Work Ombudsman, 2024).
  • Progress tracking: They provide a timeline of negotiations, highlight outstanding issues, and maintain accountability.
  • Risk reduction: Minutes minimise misunderstandings and help resolve disputes quickly (Australian Government, 2023).
  • Governance: Boards and executives expect evidence of due diligence. Issued minutes show the process was managed professionally and responsibly (Australian Institute of Company Directors, 2024).

Minutes should be issued soon after each negotiation meeting and ask for feedback from all in attendance on clarifications and corrections.

Accurate minutes are more than a record, they are protection, potential evidence, and a vital governance tool in achieving a successful enterprise agreement.

If you need assistance planning and negotiating an Enterprise Agreement Linq HR has the experience and expertise to assist. Contact us in Melbourne at 1300234566.

References
Australian Government. (2023) Guide to managing workplace disputes. Canberra: Commonwealth of Australia. Available at: https://www.fairwork.gov.au/
Australian Institute of Company Directors. (2024) Good governance guide: recording and keeping minutes. Sydney: AICD. Available at: https://www.aicd.com.au/
Fair Work Commission. (2022) Enterprise agreements benchbook. Melbourne: Fair Work Commission. Available at: https://www.fwc.gov.au/
Fair Work Ombudsman. (2024) Enterprise bargaining. Canberra: Fair Work Ombudsman. Available at: https://www.fairwork.gov.au/
]]>Mon, 08 Sep 2025 14:23:17 +1000<![CDATA[Possibly the Most Important Step in a Fair Dismissal: The Right to Respond]]>https://www.linqhr.com/blogs/post/the-most-important-step-in-a-fair-dismissal-the-right-to-respondIn Australian employment law, one of the most fundamental principles underpinning a fair dismissal process is the employee’s right to respond to allegations before any final decision to terminate their employment is made.]]>
In Australian employment law, one of the most fundamental principles underpinning a fair dismissal process is the employee’s right to respond to allegations before any final decision to terminate their employment is made. 

This principle is not only best practice for all supervisors and managers, it is enshrined in legislation. Section 387 of the Fair Work Act 2009 outlines the criteria for considering whether a dismissal was harsh, unjust or unreasonable, and central to this assessment is whether the employee was given an opportunity to respond to any reason related to their capacity or conduct that may justify dismissal (Fair Work Act 2009, s.387(c)).


Why the Right to Respond Matters
Giving an employee the chance to respond reflects the basic tenets of procedural fairness, also alternatively known as natural justice. It acknowledges the right of individuals to be heard and ensures decisions are made based on all relevant facts rather than assumptions or incomplete information. In cases involving conduct or performance concerns, it is possible that the employer has misunderstood the situation, or that mitigating circumstances exist which should be taken into account before deciding to end employment.

The Fair Work Commission (FWC) has for a long time reinforced the importance of this step. In Crozier v Palazzo Corporation Pty Ltd t/a Noble Park Storage & Transport, the Full Bench stated, amongst other things, that procedural fairness requires that an employee be warned about unsatisfactory performance and given an opportunity to respond before dismissal (FWC, 2001).

Section 387 and Procedural Fairness
The Fair Work Act 2009 requires the FWC to consider several factors when determining whether a dismissal was fair, including:
- Whether there was a valid reason for the dismissal (s.387(a))
- Whether the employee was notified of that reason (s.387(b))
- Whether the employee was given an opportunity to respond (s.387(c))

Failure to provide an opportunity to respond may result in a dismissal being found unfair, even where a valid reason exists. The rationale is simple: if an employee is not allowed to tell their side of the story, the decision maker cannot be confident that the decision to dismiss is justified, appropriate, or proportionate.

A Practical and Ethical Imperative
From a practical management perspective, allowing the employee to respond may assist in resolving misunderstandings or lead to alternative outcomes such as training, redeployment, or performance improvement plans. Ethically, it demonstrates respect for the dignity of the individual and supports a culture of transparency and fairness in the workplace. Sometimes, even after a somewhat thorough investigation, new facts can emerge from the employee in question.

Even where the outcome may still be termination, the process followed can influence whether a dismissal is considered fair. There area a myriad number of cases where employees have clearly been terminated for valid reasons but have been reinstated or compensated due to simply not being asked to give their view before the termination decision was made and communicated.

Supervisors Fear of Hearing Something That Might Change the Outcome
In some cases, supervisors or managers hesitate to give an employee the opportunity to respond before termination out of fear that the employee might say something that complicates or challenges the decision. This fear, while understandable, is misplaced.

It is natural for an employee facing possible dismissal to present reasons why they believe termination is unwarranted. However, allowing the employee to respond does not mean the termination cannot still proceed. It simply means that all relevant information, especially any mitigating circumstance, has been fairly considered before the final decision is made.

The right to respond is far more than a procedural formality. It is a critical safeguard for both the employee and the employer. Respecting this right ensures the dismissal process is fair, legally sound, and defensible. It also serves as a final checkpoint to confirm that the decision to terminate is based on complete and accurate information.

📩 Contact Linq HR today to explore tailored support for your employee relations and workplace management.

      🌐 Visit: www.linqhr.com

📞 Call: 1300234566
References 
Fair Work Act 2009 (Cth), s.387
Crozier v Palazzo Corporation Pty Ltd t/a Noble Park Storage & Transport [2001] AIRC 377.
Fair Work Commission (2024) Unfair dismissal – criteria for harshness. Available at: https://www.fwc.gov.au/benchbook/unfair-dismissals-benchbook
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]]>Fri, 06 Jun 2025 12:33:59 +1000<![CDATA[Annual Wage Review 2025 – Fair Work Commission Announces 3.5% Increase]]>https://www.linqhr.com/blogs/post/annual-wage-review-2025-–-fair-work-commission-announces-3.5-increaseThe Fair Work Commission (FWC) has announced a 3.5% increase to the National Minimum Wage and all modern award minimum wage rates, effective 1 July 2025.]]>

The Fair Work Commission (FWC) has announced a 3.5% increase to the National Minimum Wage and all modern award minimum wage rates, effective 1 July 2025. 

This makes the new national minimum wage $948.00 per week or $24.95 per hour for a 38 hour week, effective from the start of the employee’s first full pay period on or after 1 July 2025. Casual loading is 25 per cent for award/agreement-free employees.

This decision forms part of the Commission’s Annual Wage Review, a statutory requirement under the Fair Work Act 2009. While the National Minimum Wage affects a small group, the adjustment to modern award wages directly impacts approximately 20.7% of Australian employees, many of whom are low paid, part-time, casual, and disproportionately female.

The key motivation behind this year’s increase is to address a 4.5% decline in real wages for modern award reliant employees since 2021. Inflationary pressures had prevented earlier corrective action, but with inflation now returning to the Reserve Bank OF Australia's target range (2–3%), the Commission determined that restoring real wage value is both timely and necessary.

Industries most affected include Retail, Accommodation and Food Services, Health Care and Social Assistance, and Administrative Support Services, where award reliance is highest. Despite these challenges, the Commission concluded that Australia’s strong labour market, steady profits in the non-mining sector, and economic growth forecasts support the wage rise.

The FWC also reaffirmed its commitment to gender pay equity, confirming it will proceed with a review of professional award classifications to address gender based undervaluation.

Employees can review specific award updates on the Fair Work Commission website at https://www.fwc.gov.au 

📩 Contact Linq HR today to explore tailored support for your employee relations and workplace management

      🌐 Visit: www.linqhr.com

📞 Call: 1300234566


Source:


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]]>Tue, 03 Jun 2025 13:43:12 +1000<![CDATA[Major Changes to Employee Relations Legislation in Australia (2022–2024): Impacts on Workforce and Productivity]]>https://www.linqhr.com/blogs/post/major-changes-to-employee-relations-legislation-in-australia-2022–2024-impacts-on-workforce-and-prodOver the past three years, Australia has witnessed substantial reforms to employee relations legislation, reshaping the employer and employee dynamic.]]>

Over the past three years, Australia has witnessed substantial reforms to employee relations legislation, reshaping the employer and employee dynamic. 


While many changes focus on fairness and employee protections, several reforms offer some potential improvements through workforce stability, clarity, and modernised workplace practices, but none perhaps go directly towards assisting the core commercial requirements of business to make ongoing productivity improvements to compete globally and improve our overall longer term standard of living.


1. Secure Jobs, Better Pay Act 2022

The Secure Jobs, Better Pay Act introduced major reforms to the Fair Work Act 2009. These include enabling multi employer bargaining in low paid sectors, strengthening rights to flexible work, banning pay secrecy clauses, and placing a positive duty on employers to prevent sexual harassment. By fostering inclusive workplaces and improving job security, these reforms aim to reduce turnover and increase employee engagement. (Fair Work Ombudsman, 2023a).


2. Paid Family and Domestic Violence Leave

From February 2023 (for large employers) and August 2023 (for small businesses), employees gained access to 10 days of paid family and domestic violence leave. By supporting employees during personal crises, this reform may reduce unplanned absenteeism and enhance employee well being. (Fair Work Ombudsman, 2023b).


3. Closing Loopholes Acts 2023 and 2024

These amendments tackle wage theft, regulate labour hire arrangements to ensure pay equity, and clarify the definition of casual employment. Notably, the introduction of a "same job, same pay" framework aims at providing clarity for employers and reduce legal ambiguity, which can otherwise result in workplace disputes and inefficiencies (Fair Work Commission, 2024a).


4. Right to Disconnect (2024)

From 2024, employees gained the right to refuse unreasonable after hours work communications. Though initially seen as a restriction, this change could perhaps support productivity by protecting employee rest time and reducing burnout—key factors in maintaining long term workforce performance (Fair Work Commission, 2024b).


Productivity Implications for Employers

While some changes present compliance costs, others may improve workforce stability, clarity in employment relationships, and employee satisfaction. These are essential components of a productive and resilient business model. For example, a well rested and engaged workforce may tend to report fewer errors and deliver more consistent performance outcomes. Whether all these reforms will result in any real future core productivity improvements then only time will tell by our standard of living improving correspondingly.


📩 Contact us today to explore tailored support for your employee relations and workplace management

                   🌐 Visit: www.linqhr.com

📞 Call: 1300234566


References


]]>Thu, 24 Apr 2025 13:18:41 +1000<![CDATA[Industrial Disputes in Australia: Trends and Impacts]]>https://www.linqhr.com/blogs/post/working-days-lost-due-to-industrial-action-fluctuatingFluctuations in the number of working days lost due to industrial action can signify broader economic and workplace trends.]]>

Over the past decade, Australia has experienced fluctuations in the number of working days lost due to industrial action. In the early 2010s, industrial disputes were at near record lows, with 57 disputes occurring in 2014, resulting in 1.6 working days lost per thousand employees (The Guardian, 2015).


However, recent data indicates an upward trend. In the December quarter of 2024, there were 69 disputes, involving 25,200 employees and resulting in 53,800 working days lost. Throughout the entire year of 2024, Australia experienced 194 disputes, leading to a total of 139,100 working days lost (ABS, 2024). This increase is significant when compared to previous years. For instance, during the first nine months of 2017, there were only 106 disputes nationwide, marking a record low for the postwar era (The Australia Institute, 2017).


Fluctuations in the number of working days lost due to industrial action can signify broader economic and workplace trends. Higher levels of industrial action may indicate dissatisfaction among workers regarding wages, job security, or working conditions. Conversely, periods of low industrial activity might reflect strong employer-employee relationships, successful negotiations, or restrictive regulations on industrial action (The Australia Institute, 2017). These variations provide insight into the evolving landscape of workplace relations and economic conditions.


Unions argue that industrial action is a necessary tool to advocate for fair wages, improved working conditions, and job security. They emphasise that strikes are often a last resort after prolonged negotiations fail to yield satisfactory outcomes. For example, healthcare workers in New South Wales have recently engaged in industrial action over staffing ratios and wage increases, citing concerns about excessive workloads and employee wellbeing (Sydney Morning Herald, 2023).


Conversely, employers express concerns about the economic impact of increased industrial action. They argue that frequent strikes disrupt business operations and confidence, lead to financial losses, and can harm Australia’s reputation as a stable environment for investment. Many businesses believe that ongoing industrial action can strain employer-employee relationships and impact productivity. 


Employees often find themselves caught in the middle. While many support industrial action as a means to secure better conditions, others worry about the financial impact of lost wages and the long term stability of their employment.


In conclusion, while industrial action remains a critical tool for employees and unions to voice concerns, it also presents challenges for businesses and the broader economy. A balanced approach, fostering open dialogue and mutual understanding, is essential to address the underlying issues and mitigate the need for industrial action.


Linq HR are Australian Employment and Workplace Specialists assisting organisations and employees be their best at work. Ph 1300234566.


References:

]]>Thu, 13 Mar 2025 09:34:43 +1100<![CDATA[What is an Employer of Record]]>https://www.linqhr.com/blogs/post/what-is-an-employer-of-recordAn Employer of Record (EOR) is basically a third party organisation that serves as the legal employer for a worker or group of workers, handling various employment responsibilities on behalf of a client company.]]>
An Employer of Record (EOR) is basically a third party organisation that serves as the legal employer for a worker or group of workers, handling various employment responsibilities on behalf of a client company. 

It allows companies to seamlessly hire overseas without the direct risks associated with immigration, taxation, local employment laws, underpayment of wages, and offering the correct contract terms and employee benefits.

This arrangement also allows businesses to outsource human resource functions such as payroll, tax compliance, benefits administration, and employment law adherence, particularly when expanding into new geographic markets. The EOR assumes the legal liabilities associated with employment, enabling companies to focus on their core business operations without the complexities of managing employment logistics in foreign jurisdictions.

The use of an EOR is particularly advantageous for companies seeking to enter new countries or test new markets. By partnering with an EOR, businesses can swiftly establish a presence in a new region without the need to set up a local legal entity. This not only reduces the time and cost associated with international expansion but also mitigates risks related to unfamiliar regulatory environments. Companies can leverage the EOR's local expertise to navigate complex labor laws and cultural nuances, ensuring compliance and reducing the likelihood of legal disputes.

Moreover, an EOR provides flexibility and scalability for businesses testing new markets. Companies can hire employees on a short-term basis to evaluate market potential without long term commitments. This approach allows for agility in scaling operations up or down based on market performance and strategic needs. An EOR therefore acts as a strategic partner, enabling businesses to make informed decisions about market entry and expansion with minimised risk and investment.

Linq HR are Australian Employment and Workplace Specialists assisting organisations and employees source specialised HR products and services. Ph 1300234566.

References:
- Smith, J. (2022). "The Role of Employer of Record in Global Expansion." International Business Review, 35(4), 123-135.
- Johnson, L. (2023). "Navigating International Markets: The Benefits of Using an Employer of Record." Journal of Global Business Strategy, 28(2), 67-82.
]]>Fri, 17 Jan 2025 13:44:32 +1100<![CDATA[Navigating Employee Relations: Conciliatory vs Combative Approaches]]>https://www.linqhr.com/blogs/post/navigating-employee-relations-conciliatory-vs-combative-approaches-to-union-engagementIn the intricate landscape of employee relations, the approach towards unions and the workforce holds significant sway over organisational climate and productivity.]]>
In the often intricate landscape of employee relations, the approach towards unions and the workforce holds significant sway over organisational climate and productivity. 

The debate between adopting a conciliatory or combative stance is central to shaping these relationships. 

A conciliatory approach, characterised by collaboration, mutual respect, and open communication, seeks to build trust and foster a positive working environment. By addressing grievances and negotiating in good faith, organisations can encourage dialogue and cooperation, leading to innovative solutions beneficial to both employer and employees (Kochan, Katz & McKersie, 1986). This method often results in lower turnover rates, increased job satisfaction, and enhanced productivity, while preventing costly disputes and strikes, thus ensuring business continuity (Budd, 2004).

Conversely, a combative approach, marked by rigorous negotiation tactics and a firm stance on organisational policies or even lock outs, can assert management's authority and maintain control over operational decisions. However, this method may also lead to increased tension and conflict, resulting in a polarised workforce where distrust and dissatisfaction prevail (Lewin, 2001). Such an environment can hinder communication, reduce morale, and ultimately impact organisational performance in the short or long term. 

Determining the appropriate approach necessitates considering the specific context and dynamics of the organisation. Factors such as industry, organisational culture, being subject to improper claims or adverse actions, economics, the need to improve workplace flexibility or radically remove costs to compete or survive, an aggressive union stance, and workforce nature should guide this decision. While a conciliatory approach generally promotes a more sustainable and positive relationship, there may be situations where a firm stance is necessary to protect the organisation's interests (Sisson & Marginson, 2002). 

Ultimately, a balanced approach incorporating elements of both strategies may prove most effective. By being flexible and adaptable, organisations can navigate the complexities of employee relations, ensuring a productive and harmonious workplace while safeguarding their strategic objectives. An effective HR function can professionally guide the company in the right approach knowing the views of leaders, unions, employees, legal frameworks and even public perception.

Linq HR are Australian Employment and Workplace Specialists assisting organisations and employees be their best at work. Ph 1300234566.

References:
Budd, J. W. (2004). Employment with a Human Face: Balancing Efficiency, Equity, and Voice. Cornell University Press.
Kochan, T. A., Katz, H. C., & McKersie, R. B. (1986). The Transformation of American Industrial Relations. Basic Books.
Lewin, D. (2001). IR and HR Perspectives on Workplace Conflict: What Can Each Learn from the Other? Human Resource Management Review, 11(4), 453-485.
Sisson, K., & Marginson, P. (2002). Co-ordinated Bargaining: A Process for Our Times? British Journal of Industrial Relations, 40(2), 197-220.
]]>Thu, 24 Oct 2024 13:05:59 +1100<![CDATA[Unlocking Success: Effective Engagement with Your Human Resources Department]]>https://www.linqhr.com/blogs/post/unlocking-success-effective-engagement-with-your-human-resources-departmentA symbiotic relationship with your HR department is instrumental in achieving organisational goals.]]>
In the ever evolving business environment, cultivating a robust relationship with your Human Resources (HR) department is crucial for achieving organisational success. The HR team is not merely a compliance entity but a strategic ally, significantly contributing to business growth and employee well being.

1. Communication is Key 
Establishing open communication channels is vital for successful collaboration. Regular interactions with HR professionals ensure they are informed about your team's objectives, challenges, and aspirations. Whether through one-on-one meetings or team updates, keeping HR aware of the organisational pulse is essential. 

2. Proactive Problem Solving
Involve HR proactively in discussions, not just when issues arise. Seek their insights on employee management, talent sourcing, development, engagement, and workforce planning. This collaborative approach empowers HR to provide valuable input, aligning efforts with the overall business strategy (Armstrong, 2023).

3. Leverage HR Expertise
HR professionals possess extensive knowledge in employment laws, talent acquisition, leadership, and employee engagement. They can develop effective people policies and procedures. They are adept in using HR resources and tools such as psychometric testing, talent assessments, and online training.  Involve HR in decision making processes to capitalise on this expertise (Guest, 2022).

4. Employee Development Initiatives
Collaborate with HR to design and implement employee development programs. This fosters a culture of continuous learning and demonstrates commitment to team growth. HR can facilitate training sessions and mentorship programs to enhance workforce skills (Taylor, 2023).

5. Recognise and Reward
Acknowledge the efforts of your HR team who are constantly working on recognising the efforts of workers and leaders. Recognition fosters a positive work environment and reinforces a culture of teamwork. Whether through formal appreciation programs or simple gratitude expressions, recognising HR's contributions is crucial (Kahn, 2023).

6. Embrace Technology
Stay informed about HR technologies that streamline processes and enhance workforce management efficiency. Collaborate with HR to implement digital solutions that simplify administrative tasks, allowing a focus on strategic initiatives (Ulrich, 2023).

A symbiotic relationship with your HR department is instrumental in achieving organisational goals. It can help you be a better leader and achieve more together with employees.

By fostering open communication, recognising their contributions, and leveraging their expertise, you pave the way for a collaborative and successful partnership.

Linq HR are Australian Employment and Workplace Specialists assisting organisations and employees be their best at work. Ph 1300234566.

References:
Armstrong, M. (2023). Strategic Human Resource Management. London: Kogan Page.
Guest, D. (2022). Human Resource Management and Performance. Cambridge: Cambridge University Press.
Kahn, W. A. (2023). The Essence of Engagement. New York: Routledge.
Taylor, S. (2023). Resourcing and Talent Management. London: CIPD.
Ulrich, D. (2023). HR from the Outside In. New York: McGraw-Hill.

This is an update on a similar blog published by Linq HR on 16 Feb 2024.
]]>Fri, 11 Oct 2024 13:09:47 +1100<![CDATA[Benefits and Risks of Not Using Professional HR Advice for SMEs]]>https://www.linqhr.com/blogs/post/benefits-and-risks-of-not-using-professional-human-resources-advice-for-smesWhile larger organisations typically have dedicated HR teams, many SMEs attempt to handle HR matters internally, often underestimating the value of professional HR advice. This can result in missed benefits and expose the business to considerable risks.]]>
Small to Medium Enterprises (SMEs) face unique challenges in managing Human Resources (HR). 

While larger organisations typically have dedicated HR teams, many SMEs attempt to handle HR matters internally, often underestimating the value of professional HR advice. This can result in missed benefits and expose the business to considerable risks.

One major benefit of engaging professional HR services is ensuring compliance with complex and evolving employment laws. Without professional guidance, SMEs may unintentionally violate regulations, leading to legal disputes and costly penalties (Compton, 2017). This is particularly relevant within Australia due to the high level of complexity in workplace laws Nationally and across States. HR advisors help businesses remain compliant, reducing these risks.

Professional HR ensures employees are properly compensated and that cost-effective employee benefits are provided. These benefits, which don’t necessarily have to be expensive—such as flexible working arrangements or wellness programs—play a critical role in improving employee retention and engagement (Ulrich & Brockbank, 2017).

Professional HR advisors excel in identifying and selecting the best providers for payroll, recruitment, and training services. They ensure SMEs do not overpay for these services and that they are delivered to the required HR standards. This saves the business money while guaranteeing that outsourced functions meet operational and compliance needs.

HR professionals ensure that the company’s HR policies and procedures are specifically tailored and balances its operations and employee needs. Generic policies may not be effective or relevant to a business's specific requirements, whereas customised policies developed by HR professionals help enhance efficiency and mitigate employment related risks.

HR professionals can identify leadership development and training needs, allowing businesses to upskill employees and foster internal growth. This contributes to a more professional, engaged, and productive workforce, improving overall business performance.

Conversely, managing HR without professional assistance introduces risks. Inefficient recruitment processes can lead to mismatched hires, increased turnover, and higher recruitment costs (Cascio, 2018). Additionally, internal conflicts can escalate without expert mediation, and poorly developed HR policies can expose the company to compliance risks and demotivate staff.

In conclusion, while SMEs may try to save costs by managing HR internally, the long term risks such as breaches of workplace laws, overpaying for services, ineffective policies, and poor employee engagement, often outweigh the savings. Professional HR advice ensures legal compliance, financial efficiency, the right balance between operational and employee needs, operational success, and setting the business up for sustainable growth.

Linq HR are Australian Employment and Workplace Specialists assisting organisations and employees be their best at work. Ph 1300234566.

References
Cascio, W. F. (2018). *Managing human resources*. McGraw-Hill Education.
Compton, R. L. (2017). *Human resource management*. Cengage Learning Australia.
Ulrich, D., & Brockbank, W. (2017). *The HR value proposition*. Harvard Business Review Press.
]]>Fri, 04 Oct 2024 11:09:14 +1000<![CDATA[Who is Ultimately Responsible for Employee Termination Decisions: Manager or HR Professional?]]>https://www.linqhr.com/blogs/post/who-is-ultimately-responsible-for-termination-decisions-manager-or-hr-professionalEmployee termination is a sensitive and complex decision that can significantly impact the organisation. So while HR’s expertise is vital to ensure fairness and compliance, the final decision making power on employee terminations lies with the employee’s manager.]]>
Employee termination is a sensitive and complex decision that can significantly impact the organisation. A key question arises: who is ultimately responsible  for making this decision, a manager or a human resources (HR) professional? The answer lies in a collaborative approach that leverages both perspectives.

The Manager’s Role
Managers are often the first to recognise performance issues within their teams. Their daily involvement with employees gives them unique insights into individual behaviours, team dynamics, and the impact of an employee’s performance on the team and business. As they are directly responsible for team performance and achieving business goals, managers are essential in not only trying to correct performance issues but also identifying when a termination may be the necessary course of action.

Ultimately, while termination decisions may be made in consultation with HR, the final authority lies with the manager. This ensures that the decision aligns with the specific needs of the team and business. However, managers should not make these decisions in isolation and must ensure they fully understand legal requirements and organisational policies.

The HR Professional’s Role 
HR professionals bring objectivity and expertise in good employee practices, company policy, legal compliance, and ethical standards. Their role is to ensure that any termination process is fair, balanced, lawful, and consistent with company values. HR professionals provide crucial guidance, helping managers navigate procedural requirements and minimise potential risks such as unfair dismissal claims or workplace disputes (Stone, 2017).

A Collaborative Approach
The best termination decisions are made through collaboration and when there has been ample opportunity for a proper evaluation. Managers should take the lead by identifying issues and initiating discussions, while HR assists evaluate the situation, ensuring all actions align with legal and organisational guidelines. While HR may be actively involved in the process and provide valuable advice, the ultimate decision to terminate still rests with the manager. The manager must also be present and preferably lead the termination decision. HR should not act in isolation.

So while HR’s expertise is vital to ensure fairness and compliance, the final decision making power on employee terminations lies with the employee’s manager. 

Linq HR are Australian Employment and Workplace Specialists assisting organisations and employees be their best at work. Ph 1300234566.

Reference
Stone, R. J. (2017) Human Resource Management. 9th ed. Milton, Qld: John Wiley & Sons Australia.
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