A number of important points to remember when counselling young workers are:

• if the young person is under 18 years of age, they are legally a minor
• you are more likely to have parent involvement, particularly if they feel their son or daughter has been treated unfairly
• the young employee, being inexperienced, may not fully understand and require additional explanation
• there is a higher likelihood of the young person becoming emotional and you will need to calm emotions before dealing with the facts

When dealing with young people it's important to address body language, tone of voice and attitude as much as you would their physical actions. The young person may not intentionally be aware of these things and how they come across, especially if it's acceptable in their home or school situation.

Young people may also become embarrassed during a counselling session and may become defensive or over react in all sorts of ways. Try to deal with emotions first, let the young person get composed or calm, before trying to communicate further.

Before getting into a formal counselling session with the young employee, it's best to start with an informal talk or chat to get both sets of facts straight. If an informal and verbal 'off record' talk can correct the situation then that's great, however, if the matter is serious or continuing you should then swiftly move from an informal chat to a more formal method. Do this only after reviewing all notes on performance management, counselling and unfair dismissals.

Counselling sessions are better than simply serving a “warning letter” because:

• The employee gets to put forward their view, correct factual errors, or even offer an apology
• Matters can be agreed upon on the spot so both parties can get back to work.
  
• Counselling records help prove procedural fairness which is a major reason why employers can loose unfair dismissals claims.
  

Often minor or first offence matters can be corrected with a relatively informal verbal discussion along the lines of the example counselling sheet. However serious or subsequent occurrences should be formally documented as they may be needed to prove fairness. Use a proper Counselling form designed to help avoid missing critical information in these cases.

Your witness to the actual counselling should not show any bias. To help with legal compliance, let the young employee know that they can have a family member, friend, workmate, union or other representative attend the counselling.

Record what you are dissatisfied with, but first ensure that you are dealing in provable facts!

It is 100% critical that the employee has a fair opportunity to respond. Ask them what they have to say, or ask what they are thinking. Don’t be surprised to find new information that may change your mind about the situation.

List what it is that you expect from the employee and by when. This is a real test of fairness. If you cannot write a specific and clear instruction, then how could an employee be expected to achieve it?

Can you demonstrate the standard for the task or behaviour you wish to be improved? Do you need to coach or train the employee so they can achieve the standard?

List what MAY happen if the employee does not achieve the required improvement. EG, “If you are unable to consistently maintain the customer service standards as set out in the written policies, your employment with this firm may be terminated.”

If the employee refuses to sign the Counselling Form, first go back over the form box by box to confirm you have agreement in each area. If they agree, but still refuse to sign simply have the witness sign after writing a note that the employee declined to sign, even though they verbally agreed with each point on the form. If you are still in disagreement it would be wise to seek professional guidance.

If there is even the slightest doubt as to how to proceed, first call a legal professional to discuss the situation.

DO NOT ACTUALLY TERMINATE WITHOUT CHECKING ALL THE FACTS AND PROCESSES!

Each employee counselling is unique. It is common to find extenuating circumstances that will require further investigation or a whole new approach. Legally this can become a minefield. The following notes are useful only as a reminder of some of the more commonly asked questions about employee counselling. Always get legal advice on your unique circumstances.

Dealing With Problems

• Unfair Dismissal
• Performance Management
• Grievance Procedures
• Absenteeism