Kobayashi Maru – What Will You Do?

Every employment situation seems to result in a “no-win scenario”.  What might be the “right thing to do” from a workers’ compensation and/or safety perspective seems to fly in the face of good industrial relations practice – and the law!

In Star Trek lore, Kobayashi Maru describes a situation that is destined for failure.  However, in the words of the legendary Captain James T Kirk, “I don’t believe in the no-win scenario” – and neither do we!

Aurenda and lawyers Jarman McKenna have explored the supposed “No-Win Scenarios” around hiring and terminating employees.  The challenges are created from conflicting legal obligations as set out in workers’ compensation, safety, industrial relations, discrimination and equal opportunity legislations. And as we travel at warp speed through these exposures – and understand the solutions – you will see how “original thinking” can result in wins.

Managing the No-Win Scenario: Getting the Most from Your Pre-Employment Process

Some of the issues that we cover when we study the injury, safety and legal risks associated with the pre-employment process:

  • How do I balance potential workers’ compensation exposures against the risk of discrimination?
  • What questions can I ask – and what questions do I ask?
  • What financial considerations are there – if I get it right and if I get it wrong

Managing the No-Win Scenario: Competing Obligations in the Termination Process

Sometimes there is no “right” answer when looking at your exposures if someone just can’t do their job safely anymore – so understanding which obligation to discharge is a critical aspect of the decision-making process. Your questions might be:

  • What do I do when I know someone is no longer fit for their position?
  • When do I keep someone, and when do I let them go?
  • How do I choose between being “safe” and being “fair”?

Contact Aurenda if you are interested in more on this topic. We are conducting two separate Breakfast Workshops, where our clients will discover how being selective and smart with your employment practises can mitigate your exposure to accusations of adverse action during the hiring and termination process.

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Filed under Aurenda, Pre-employment, Workers Compensation

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