At some stage in your career you will be called upon to effect an Employment Separation. This is unavoidable, and anyone who says they never will is kidding themselves.

It is a somewhat traumatic event for an employee. In most cases they will not truly understand why they are being terminated. Others may see it as a relief. Some will see it as an opportunity to extort money from the employer. Others will view it as an opportunity to move on to bigger and better things.

All this aside, it will be your job as the employer representative to ensure that the separation is compliant, manageable, and has little or no impact on the employer down the track.

On many occasions I have witnessed terminations that have followed no process, but more times than not I have seen where a termination should have been effected months prior, but the employer has been caught out over-thinking it.

Don’t be scared to effect an Employment Separation. It’s really not hard.

Whilst the legislation imposes requirements on all employers in terms of legislative compliance, your own internal processes to compliment them should not take weeks, reams of paper, or the expensive engagement of lawyers.

Employment Separations can be broken down into 3 easy to identify categories:

Conduct (Behaviour)

Performance

Redundancy

Once you have clearly identified the category that is pertinent to the separation, then you go about formalising the employment separation. Ask yourself the questions that you would be asking should it be you yourself being let go.

Was I given adequate notice of my bad performance and a sufficient amount of time to rectify it?

Was I advised of my mis-conduct or inappropriate behaviour and given an opportunity to change?

Was I provided with a support person?

Was I provided will all the allegations and an opportunity to defend myself?

Was my redundancy genuine or was I being targeted?

Was I properly consulted under the requirements of the relevant Industrial Instrument and FWA?

There are a range of questions for each category that must be answered, but each employment separation will be different. Peoples reactions and circumstances will be different, so always remember that no two employment separation events will be the same.

Whilst the threat of adverse action and unfair dismissal applications is real, you should never be scared of an employment separation.

My tip – Write your defence before you effect the separation, that way you know whether or not you’ve asked the right questions and got the right answers.

As what can only be described as yet another blow to employers, the Federal Court has upheld the right for unions to take legal strike action before any bargaining has taken place.

Three Federal court judges last week found that no union was obliged to show any employee support or meet any other test if employers refused to engage in bargaining.

Needless to say the Union movement has heralded the decision as a landmark victory for workers rights. Now whilst most IR practitioners acknowledge the rights of unions to represent their members, to now allow unions to demonise the legislation beyond its original intent, makes a mockery of our Industrial Relations system.

Several key unions have already acknowledged that they intend to “punish” employers who refuse to bargain with them. The warning signs are now very clear…..

So what can employers do to stop this continued wave of attacks?

1. Establish bargaining frameworks well in advance of any intended commencement of bargaining. This includes new agreements and re=negotiation of existing.

2. Establish a robust communications strategy to directly engage employees. This is critical to the success of any bargaining strategy.

3. Establish your own majority support within your workforce. Once again this is crucial when faced with a over-zealous bargaining representative.

4. Negotiate and seek mutual agreement on negotiation protocols. Whilst none of these protocols can seek to remove any legislative right or requirement, it can establish a “common ground” when dealing with multiple bargaining representatives.

The right to strike before bargaining will have far reaching impact across the business sector, and indeed across the economy. And whilst Workplace Relations Minister Bill Shorten has said that the government would consider all implications of any decision, there had been extensive public discussion about the issue, and that the Fair Work Act review report would be out next month would address the concerns.

There has been an on-going debate amongst industry groups, businesses and unions, about “insecure employment”. The Australian Council of Trade Unions broadly defines insecure employment pretty much as any form of employment other than direct, full time employment with an employer.

Needless to say the ACTU casting such a broad brush has brought about some interesting responses from industry groups,and organisations such as the IPA.

Whilst it is assumed that most employees seek full time work, a vast, and increasing, majority of employees are beginning to prefer Part-time, casual, and even short term contract work.

Now opinions are divided as to where the balance may lay. Businesses accuse unions of scaremongering and clutching at life by trying to fight for employment security that is just unsustainable. Unions accuse employers of wishing to “resurrect workchoices”.

I think there is cause for caution from both sides.

But at the end of the day, the 1 person who’s voice seem to be going unheard is that of the employee. Ask them what they want. Ask them what they are prepared to do to keep the business viable and work WITH you to keep the business strong. Remind them that without them, they themselves have no job.

The time for adversarial IR is over. The time for employers to engage directly with their employees is now.

Contrary to what you see in the movies and tv shows, the way to increase your employees productivity is not through the use of derogatory language, whips or Dilbert-like management. The most effective way is by simple communication.

There is almost monotonous regularity of media reports of failing productivity, of employers blaming the Fair Work Act, of unions blaming employers for their “lack of compassion and understanding of their employees”. Neither is completely wrong, nor completely to blame.

However in order for any employer to increase the productivity of their employees, the use of open, effective communication strategies is paramount. Most employees now feel a degree of disconnection from the employer. A lack of trust that has come about by being kept in the dark about decisions and issues that directly affect them and their employment.

Now whilst it’s certainly not a case of briefing your employees of every detail of the running of the business, to communicate openly and proactively creates a sense of ownership for the employees. It ensures they feel the connection between the work they perform, and the long -term viability of the business. It is when this connection is reinforced, or rebuilt, that the employer can then seek to effectively utilize employees to increase productivity.

Now you must remember, productivity can be sought across a range of factors. Human (improving skills and training). Time (response to customers needs).  Value (Quality and reliability of service or product). Cost (overheads, wastage or excessive downtime). These are just some examples of where your business can look to see what productivity increases can be sought, what can be achieved, and especially what ones can be maintained.

Always remember, seeking to increase your employees productivity isn’t about using the whip, it’s not just about paying them more money, it’s about connecting with your employees needs and wants, thinking outside the box, and communicating effectively.