Employee relations support for Australian SMEs
Employee relations support for Australian SMEs, with more than a call centre.
Experienced HR support for performance concerns, conduct issues, warnings, workplace complaints, investigations and employee exits.
When the issue is no longer straightforward
Good employee relations is about more than sending the right letter.
Employee issues can become complicated quickly. A performance concern may turn into a formal complaint. A conduct issue may require investigation. A manager may want to issue a warning without being confident that the process leading to it has been fair.
HR Excellence Partners works with Australian SME owners and managers to understand what has happened, identify the right process and support the conversations and documentation that follow.
The aim is not to make every issue formal. It is to help you make a considered decision, address issues early where possible and use a structured process when the situation requires one.
- A manager wants to issue a warning
- An employee is not meeting expectations
- Behaviour or conduct has become a concern
- An employee has made a complaint
- There are conflicting versions of what happened
- A business is considering termination
- A restructure or redundancy is being considered
- A manager needs help with a difficult conversation
Employee relations support
Support before, during and after the difficult conversation.
Bring us in for one issue or use HR Excellence Partners as an ongoing HR partner for your managers and business.
Performance management
Clarify the performance gap, establish expectations, prepare improvement plans and help managers address concerns directly and consistently.
Warnings and disciplinary matters
Review the circumstances, help determine the appropriate process and prepare clear documentation where formal action is warranted.
Conduct and misconduct
Help managers respond to behavioural concerns, alleged breaches of policy and more serious workplace conduct issues.
Workplace investigations
Plan and conduct a structured investigation when allegations, complaints or conflicting accounts need to be examined fairly and carefully.
Termination and employee exits
Review the circumstances, process, documentation and employment obligations before a business makes a final termination decision.
Manager coaching
Help managers prepare for difficult conversations, communicate expectations clearly and manage employee issues with greater confidence.
A considered process
Understand the issue before deciding the outcome.
Employee relations matters are rarely improved by rushing straight to a warning or termination. The circumstances, evidence and employment framework need to be understood first.
- 1
Assess
Understand what has happened, the employment arrangements, relevant policies, previous discussions and any immediate risks.
- 2
Plan
Determine the appropriate process, prepare the manager, organise documentation and identify what information the employee needs to receive.
- 3
Act
Support the conversation, consider the employee’s response, document the outcome and agree the appropriate next step.
Fair Work matters
The process around a decision can matter as much as the decision itself.
The Fair Work Ombudsman recommends that employers addressing underperformance identify the issue clearly, discuss it with the employee, provide appropriate support and give the employee an opportunity to improve.
Importantly, there is no general rule requiring an employer to provide three warnings before employment can end. The appropriate process depends on the circumstances. For performance-related dismissals, however, whether an employee was warned about unsatisfactory performance is one of the matters the Fair Work Commission must consider when determining whether a dismissal was harsh, unjust or unreasonable.
Read the Fair Work Ombudsman’s guidance on managing performance and warnings .
Understand the actual performance, capacity or conduct concern before deciding on formal action.
Employees should be told the relevant concerns and given an appropriate opportunity to respond before a final decision is made.
Records of expectations, discussions, responses, support and outcomes help demonstrate how a matter has been managed.
Businesses with fewer than 15 employees have specific unfair dismissal rules and should consider the Small Business Fair Dismissal Code where it applies.
Support that fits the situation
One difficult issue or ongoing HR support.
You do not need to commit to a long-term HR arrangement because one employee matter has arisen. Start with what the business needs now.
- Performance concern
- Warning or disciplinary process
- Employee complaint
- Investigation
- Termination consideration
- Regular manager advice
- Employee relations support
- Contracts and policies
- Fair Work and Award guidance
- Growing HR capability
Explore Fractional HR →
Australian SME HR guidance
Understand the issue before your next conversation.
Explore guidance written for Australian business owners and managers dealing with real workplace situations.
Managing Poor Performance: A Guide for Australian SME Owners
How to identify a performance gap, set expectations, document the process and give an employee an appropriate opportunity to improve.
Read the guide → Ending employmentCan I Dismiss Someone During Probation?
What Australian SME employers should consider before assuming probation makes termination straightforward.
Read the guide → HR consultingWhat Does an HR Consultant Do?
When an external HR consultant can help an SME manage employee issues, compliance and growth without employing a full-time HR manager.
Read the guide →Employee relations FAQs
Common questions from Australian employers.
What does an employee relations consultant do?
An employee relations consultant helps employers manage workplace issues involving performance, behaviour, complaints, misconduct, warnings, investigations and employment exits. The role can include advising the manager, preparing documentation, attending meetings and helping the business follow an appropriate process.
When should I involve HR in a performance issue?
Earlier is usually easier. HR can help when expectations have not been clear, informal conversations have not resolved the concern, a formal warning is being considered, the employee disputes the concerns or termination may eventually become an option. Getting the process clear before a formal meeting can prevent unnecessary problems later.
Do I have to give an employee three warnings before dismissal?
No. The Fair Work Ombudsman confirms there is no general rule requiring three warnings, or even one warning, before employment can end. The appropriate process depends on the circumstances. Where dismissal relates to unsatisfactory performance, whether the employee was warned about that performance is one of the matters considered under section 387 of the Fair Work Act 2009.
Can HR Excellence Partners help us terminate an employee?
Yes. We can review the circumstances, employment documentation, performance or conduct history and proposed process before a decision is made. We can also help prepare meetings and documentation and identify relevant notice and final pay considerations. Where a matter requires legal representation or specialist legal advice outside our scope, we will recommend that appropriate legal advice is obtained.
Are the dismissal rules different for small businesses?
Yes. The Fair Work system has specific unfair dismissal rules for businesses with fewer than 15 employees, including the Small Business Fair Dismissal Code. Whether those provisions apply depends on the employer, employee and circumstances, so the position should be checked before dismissal.
Do you only provide employee relations support in Melbourne?
No. HR Excellence Partners is Melbourne based and supports SMEs across Australia. Matters can be managed remotely, on site or through a combination of both depending on the business, location and issue.
Authoritative sources
References
- Fair Work Ombudsman, Managing performance and warnings
https://www.fairwork.gov.au/employment-conditions/performance-in-the-workplace - Fair Work Ombudsman, Managing underperformance best practice guide
https://www.fairwork.gov.au/tools-and-resources/best-practice-guides/managing-underperformance - Fair Work Ombudsman, Unfair dismissal
https://www.fairwork.gov.au/ending-employment/help-with-termination/unfair-dismissal - Fair Work Ombudsman, Dismissal and notice
https://www.fairwork.gov.au/ending-employment/dismissal-and-notice - Australian Government, Fair Work Act 2009, including section 387
https://www.legislation.gov.au/C2009A00028/latest/text
How HR Excellence Partners supports SMEs
Deal with the employee issue before it becomes a bigger business issue.
HR Excellence Partners supports Australian SMEs with employee relations, performance management, conduct matters, workplace investigations, warnings, termination processes and ongoing HR support.
Start with a confidential conversation about what is happening. You do not need to know the right process before getting in touch.
Vas Papadopoulos
Founder & Principal Consultant
HR Excellence Partners
0432 244 744
vas@hrexp.com.au
hrexcellencepartners.com.au