Dismissal is rarely straightforward. We help employers understand their obligations, manage the process fairly and make confident decisions before things escalate.
Termination of employment is one of the more significant decisions an employer can make. An employee can bring a claim following termination of employment, however the prospects of that claim succeeding will depend on the circumstances, the applicable legislative and industrial requirements, and how the employment relationship and termination process have been managed.
The risk does not begin at the termination meeting. It often starts much earlier, with how performance, conduct, workplace concerns, warnings, evidence, procedural fairness and other employment obligations have been managed along the way. We work with employers to assess the employee or workplace issue, identify the applicable risks and obligations, and determine a practical and defensible way forward.
There needs to be a valid reason connected to the employee's conduct or their ability to perform the job. Even where a valid reason exists, the dismissal may still be unfair if the overall decision or process is harsh, unjust or unreasonable.
We check this with you →Before a decision is made, the employee should understand the concerns or allegations, be given a genuine opportunity to respond, and have that response properly considered. If they request a support person for a meeting about possible dismissal, that request should not be unreasonably refused.
We check this with you →Notice requirements depend on the employee's circumstances and the terms that apply to their employment. In some cases, including dismissal for serious misconduct, notice or payment in lieu of notice may not be required. Errors can result in underpayment claims and other compliance issues.
We check this with you →A general protections claim can arise where an employee alleges that adverse action was taken because they exercised a workplace right or because of a protected attribute. This can include dismissal, but may also involve other employment decisions made before or during employment. These claims can carry significant financial and commercial risk for the business.
We check this with you →Summary dismissal is a high bar. Employers can sometimes move too quickly to serious misconduct without fully understanding whether the conduct meets that threshold or whether the matter has been properly investigated and managed. Getting that assessment wrong can create significant risk for the business.
We check this with you →Calling it a redundancy doesn't make it one. Employers can face unfair dismissal claims where redundancy is used to dismiss an employee but the role is not genuinely redundant or the process has not been properly managed.
We check this with you →Whether the issue involves performance, misconduct, probation, redundancy or another employee matter, we provide clear procedural guidance to help you manage the process appropriately, reduce risk and ensure the relevant employment obligations are met.
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It depends on a number of factors, including the employee’s length of service, whether they have access to unfair dismissal protections, the nature of the issue, and whether serious misconduct is involved.
In some circumstances, termination without prior warnings may be appropriate, however the risks and process still need to be carefully managed.
Talk it through with us and we’ll help you work out the right approach.
Termination of employment may be appropriate where there is a valid reason and the relevant procedural fairness requirements have been met.
The appropriate process will depend on the circumstances of the employee matter. Engaging Workwise early can help you manage the issue properly, understand the risks and meet your obligations before a termination decision is made, rather than having to deal with the consequences of a poorly managed dismissal afterwards.
The notice or payment in lieu that applies will depend on the employee’s length of service, age, and the terms of any applicable contract, award or enterprise agreement. Different rules may apply in cases of serious misconduct.
We can discuss the circumstances with you and provide initial guidance during the free review. Where more detailed advice is required, we’ll explain the next steps and scope that separately.
Procedural fairness generally requires the employee to be clearly informed of the concerns or allegations, given a genuine opportunity to respond, and for that response to be properly considered before a decision is made.
The process may differ depending on the circumstances, the size of the business and the nature of the risk involved. Even where an employee may not have access to unfair dismissal protections, other claims or protections may still apply, including general protections or discrimination-related risks.
We can help you assess the circumstances, identify the relevant risks and guide you through an appropriate process before a decision is made.
The cost can extend well beyond any compensation or settlement. Unfair dismissal compensation is capped, whereas compensation in general protections claims is uncapped and can create significantly greater financial exposure.
There is also the time involved in responding to the claim, management disruption, professional advice and, in more complex matters, legal representation. Some matters can become lengthy and expensive to resolve.
Managing the employee issue properly from the outset is generally far less disruptive than dealing with a claim after the employment relationship has broken down.
The Code applies to national system employers with fewer than 15 employees, based on a headcount that can include regular casual employees and employees of associated entities.
Following the Code can assist a small business in defending an unfair dismissal claim, but it does not remove other risks, including general protections claims.
We can discuss your circumstances during the free review and help identify the key considerations that may apply to your business.
Serious misconduct is a high threshold. Whether conduct meets that threshold depends on the nature and seriousness of the behaviour, the surrounding circumstances and whether summary dismissal would be proportionate in the circumstances.
Even where serious misconduct is suspected, the process still needs to be managed carefully, including procedural fairness and consideration of whether dismissal would be harsh, unjust or unreasonable.
Talk it through with us before you act and we can help you assess the risk and manage the process appropriately.
A probation termination is the ending of employment during an employee’s probationary period, usually where the employer determines that the employee is not suitable for the role or the employment relationship is not working as expected.
The process still needs to take account of the employee’s length of service, contract, applicable award or agreement, notice requirements and any other employment risks that may apply.
We can help you assess the circumstances and guide you through an appropriate process before the employment is brought to an end.
General information only, current at November 2026. It is not legal advice, and the answer for your situation depends on your contract, any Award or agreement, and the facts. Talk to us before you act.
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