How DKL supported an employer through separation negotiations

The following should not be considered legal advice and is for general use only.

In 2023, we were contacted by an employer client in the e-learning industry.

Background

Our client came to us for assistance managing a particular employee whose behaviour was having a negative impact on the wellbeing of other team members, and the ability of the business to service its clients efficiently and within given time frames.

These issues were not new from the employee, but due to the demand for employees with similar skills, our client had attempted to work through them with the employee to preserve the employment relationship. Unfortunately, after an escalation in poor behaviour of the employee, the employment relationship had become untenable for the employer. Further, it had become clear that the employee was no longer happy or satisfied with the opportunity they were being provided.

DKL’s advice and support

Having formed the intention to terminate the employee, the employer was concerned with how the employee would respond to any attempt to terminate their employment.  The employer wanted to understand what could be done to mitigate risk or future liability related to the termination whilst ensuring the employee was treated fairly. What they needed was advice that not only provided a legal solution that was considered in terms of what was going to be practically and sensibly achievable given the personalities involved, but also deliver the ultimate outcomes sought by our client. This being the respectful termination of the employment relationship with ongoing risks being mitigated.

As such, a major component of our advice was regarding how the termination conversation should be implemented and communicated to the , and was focused on supporting the client by giving them the tools to have this difficult conversation within a clear structure.

Outcome

As a result of our engagement, our client (the employer) was able to successfully reach a respectful and amicable separation from their employee with minimal stress for both parties. This positive outcome also resulted in greater harmony amongst the remaining team members and the preservation of the organisation’s good reputation.

The above should not be considered legal advice and is for general use only.