Overcoming Dismissal from Your Employment

Getting dismissed from your employment can be devastating. Some scientific studies have found the grief experienced is similar to the death of a loved one. When you think about it that isn’t too hard to understand. For many of us we spend more time at work than we do at home with our families. The fact is the reality of a 38 hour working week doesn’t exist for many of us, as we pour our hearts and souls into our careers to ensure our mortgages are paid and to put food on the table.  Having sacrificed our time with our families in an endeavour to ensure their financial security, it can be gut wrenching, if for whatever reason, we are dismissed. Sometimes it is due to genuine performance or behavioural issues, or a genuine redundancy or transfer of business etc. However sometimes lawful reasons can be put forward, to hide an underlying unlawful purpose, such as discrimination, bullying, reaction to a workplace complaint, to implement sham contracting arrangements etc.

If you have any concerns about the termination of your employment or are presented with a deed of release to sign you should seek legal advice. Employment Lawyers Australia can assist 048 111 8837.

But how do you overcome the effects of a dismissal on your self-esteem and other detrimental psychological effects? It’s hard not to take it personally! However it is important to put the dismissal in context and step back and evaluate it, fairly. Important questions to ask yourself are:

• Was there a genuine performance issue?

• Has my performance slipped because of other things going on in my life?

• Do I lack some skills I need to be able to perform this job to the standard required?

• Should my employer have offered training?

• Did my employer fail to provide enough training to enable me to undertake the work to the required standard?

• Did I ask my employer for more training?

• Did my employer give me sufficient time to improve my performance?

• Did I represent to my employer at interview that I had the skills to perform the job and I didn’t?

• Did I behave inappropriately?

• If I did behave inappropriately, did I apologise?

• Is this the first time it has happened?

• Is dismissal an appropriate reaction to my behaviour?

• Did I get a chance to respond to the allegations?

• Did I get a chance to put reasons forward as to why I shouldn’t be dismissed?

• Should I have been given another chance?

• Is the redundancy genuine? Did they consult with me before making the decision to terminate my employment on redundancy grounds?   

• Is my position really redundant or is someone else going to do it?

• Could they have moved me into another position within the company or a related entity?

• Am I really being dismissed because of another reason? Is it because of my race, gender, religion, sex etc.? Is it because I made a complaint or initiated some action against my employer or an individual at work? Is it because my boss and I don’t get on? Do they want me to become a contractor?

These are just examples of some of the questions you need to ask yourself. Obtaining legal advice can help you to ascertain the possible reasons for the dismissal and determine whether those reasons were lawful or not.

If the dismissal is lawful then accept it and try and move on as quickly as you can. If you made a mistake learn from it and do better next time. We all make mistakes so don’t keep beating yourself up. If you lack skills, think of ways to acquire them e.g. undertake further study, do work experience etc. Do you like this work or would you prefer to do something else? If you don't, make plans towards that goal!

Is the dismissal affecting me so badly that I need professional help? Do I need to speak to my doctor or do I just need someone to talk to, to put everything into perspective? Breakup Counselling can help – 048 111 8837.

If the dismissal was unlawful get legal advice. Even if you want to represent yourself it is important to know whether you have an arguable case. It is also important to consider a commercial solution. Yes you want your day in court. Yes you want to be vindicated and tell the world how badly you were treated and this might happen if you and your employer cannot reach an amicable resolution. But remember whilst it is important to obtain a good settlement there is a lot of time, money and stress involved in litigating a matter to resolution. This can affect your health, relationships and ability to obtain another job. It is important to weigh everything up.

If you are successful in reaching a settlement or win your case this can of course help you move on. But even if you get the settlement you want or don’t get exactly the settlement you are after or lose the case, this is simply one part of the dismissal. You still need to move on physically and get another job and to do this you must also move on psychologically.

If the dismissal was unlawful due to bullying, discrimination etc. then don’t internalise it. It’s unfortunate but stuff like this happens. Pursue your legal avenues (employment law, workers compensation remedies etc.) but at the same time accept you were wronged and move on. In these cases your dismissal had nothing to do with you. You don’t have to change. But you do need to move forward and accept some people still terminate employees unlawfully. You wouldn’t want to work for someone like that, someone who doesn’t value or appreciate you, someone who won’t support you, won’t act in your best interests and won’t help you to succeed. Why give up so much of your valuable time thinking about someone and their business who does not deserve you? Whilst ever you stay in this psychological rut you are letting them win. Move on, rebuild your fabulous life and surround yourself with people who value you and make you feel worthwhile. If you are finding it difficult to do then give me a call on 048 111 8837.