You’ve just been told you have a wrongful dismissal case that needs to be taken care of. It’s a horrible feeling for any business owner or HR Professional to hear. It automatically conjures up guilty feelings like the old saying – Guilty until proven innocent! It takes time, effort, money and resources to get it settled and it won’t go away and you can’t procrastinate because deadlines will always be involved. Many times you will say….”I saw it coming but I didn’t think it would come to this.”

The difficult news is, you can’t stop someone from filing a claim. The good news is you can prepare yourself and your organization to have protection that can help you out in case you do have a claim.

Here’s what you need to do:

1. Create comprehensive job descriptions

Having solid job descriptions is the foundation of many good HR practices. Helping employees understand their role in the organization provides clarity for everyone.

2. Ensure credible and fair hiring practices.

Create standardized recruitment practices including thorough resume screening, ensure your questions are job based and that they meet Human Rights requirements, conduct an evaluation of all interviews, ensure complete reference checking and conduct proper orientations when employees begin their employment with you. Employment contracts also establish the employment relationship from the beginning. Time and effort up front can pay dividends in the end.

3. Ensure you create performance objectives and conduct regular performance reviews.

Begin the performance process by creating objectives that allow you to identify what you want someone to do in a specific time period. It can include tasks, projects etc. but it can also include behaviours that are important to your company. The most important aspect of this is following up when you say you will. Ensure it’s as close to the time period you indicated up front. Measure properly and coach effectively. If you are not good at conducting performance reviews, get help. They should be motivational and goal oriented. Even if you have bad news it should be supportive.

4. Create policies and procedures (handbook) that you use consistently.

Having current, accurate and fair policies and procedures may take some administration but they should also be a good business tool for everyone in your company to follow. Complete polices set out guidelines for business conduct, fair employment practices, communications, general policies and even total rewards. It’s not enough to have them but you must also ensure employees are aware of them, read them and acknowledge them with their signature. It’s most important though that your leadership team administer them consistently and fairly.

5. Conduct appropriate discipline when necessary.

This is the one area that often gets overlooked and can cause real problems for employers. When you follow the first 4 steps you are providing good solid employment practices. Don’t let it end there. When it is required, providing appropriate discipline shouldn’t be seen as a negative thing but should be conducted as a support for an employee who has steered away from proper business conduct. It’s important that you deal with it quickly so it doesn’t get out of hand. It’s important not only for the person who will receive the disciplinary action but more so for the rest of your team as they potentially are being impacted if you ignore it.

6. Document, document, document – It’s King!

From the beginning including the employment agreement, orientation, handbook, performance reviews and all performance concerns and how they were handled. Remember to keep files secured and confidential.

7. Terminate with Respect

No matter how difficult the ending of an employment relationship may be, ensure you do it with respect for the departing employee. Termination meetings are never easy. Make the meeting short, provide a termination letter, provide onsite termination support if possible and transition support as well, as it helps a terminated person get back to work quicker than they could on their own and it shows good faith as an employer. (BTW…document that meeting too!)

When you take the time, effort, care and consideration to follow these 7 steps, chances are you have taken extra steps as well to create a great working environment for your team where everyone is treated with respect and dignity and you won’t have to ever hear the words “Wrongful Dismissal”.