If you have a staff member who is really not performing you need to let them go, soon!

The problem is that you're probably feeling sick about having to do the dirty deed and put them off, and you really don't know what the best approach is from a compliance perspective, to protect yourself against Unfair Dismissal Laws, and also to maintain as much good will as possible with the existing staff who will be staying on.

The following simple process has been used by many small business managers to terminate their non-performing staff. The definition of small business, under the guidelines of the Fair Work Act, is when you employ 15 full time equivalent staff or less. Beware of the related entities rule whereby you might be the Managing Director of three different companies, all with a similar name. In this instance all companies would be called related entities, so if there are more than fifteen staff across those three companies then you will not fall into the small business category. Whilst the approach below will help you with terminating and it should form part of your strategy, but it will not achieve compliance as a total strategy.

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