People
Issue No. 26 - December/January 2005/06
Unfair dismissal starts at the top
by Rex Buckingham
Unfair dismissal is all about focusing at the wrong end.
Businesses do not set out to hire the “wrong” people and it is arguable that there are very few bad people. So, why all the fuss about ‘unfair dismissal’ and the preposterous assumption that through deleting this provision somehow business will hire more people?
If an employer’s skills are such that improper recruitment practices are in place and poor interpersonal and performance management skills are evident, then people will behave accordingly.
In the past when someone has been behaving inappropriately to its needs, a business has sometimes sought a solution by “making their lives hell” – hoping the offender would leave. Some have even resorted to offering ‘go away’ money to solve the problem – focus all at the wrong place!
The employer has to look first at itself – in particular at the offender’s management.
- Is there a current and useful job description in place (supported by the employee)?
- Is there understanding as to why the previous person did not stay with the job (employees rarely leave jobs, more often leaving employers)?
- Was there an induction that gave the new person some sense of relationship and useful awareness?
- Did anyone take on the responsibility of being ‘the buddy’?
- Did emotionally intelligent discussion occur as to the performance of the employee – timely concise and interactive?
- Were objective measurements agreed so that all parties new what was expected, what could be done differently and how and then, how it would be judged and the consequents for further non performance?
In my experience relationships (inside and outside business) go wrong because of the practice of ‘judging others’ before we inspect our own actions, motivations, experiences or self-disciplines.
Word to the wise
