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Unfair dismissal 

Ensure it does not happen to you. 

If you have a problem with a staff member,  not doing what they are asked to. Not following lawful directions,  not performing then there is a process you need to take. 

Ensure that you have documented every verbal warning.  Give them time to change their behaviour. Specify exactly what you want and by when. Hand them this written document and ask for their signature.

This is no time for emotions.  You are required to be clinical in your approach.

Once you have warned them verbally, follow it up with a written notice. 

Meet with them to discuss the issues, have a witness at every occassion.

If things have not changed after a set time and they still are not doing as you asked. Inform them that you will escalating the issue and the next day will be discussing with them their future with the business/ company.  Offer them the right to have a representative with them at that meeting. 

Listen to me when I say It will cost you a lot of time and money if you do not offer carry out this meeting. 

Remember, if you are a small business under 15 staff – these rules may not apply. Also, if the person has worked for you less than a year then unfair dismissal rules may not apply.

What do I mean about time and money?

Time – responding to the unfair dismissal application hearing. FIrst there is the telephone hearing. Its carried out over the phone with an arbitrator from Fair Work.

You get to say your bit. Do not hold back, if the individual has sexually harrased staff,  assulted a member of the public,  made derogurtory comments about females in genera, not performing etc then you need to put that in your submission / statement. 

At the end of the conversation. You get to talk to the counsellor alone. They will make some comments about what is next. There job is to try and stop the matter going to a Fair Work hearing.

Money. There is an attempt to conciliate the matter during this conference. If its not over the top. Its probably going to be the best option. The maximum an individual can be awarded is six months salary. Keep that in mind when you are thinking about the next step. The next step can be very time consuming.

Also,  the employee appears to do better at hearings than employers. 

Of course you can get legal advice.  My suggestion is get legal advice during the concialition meeting. that will be better than at a hearing.