Termination of Employment

Unfair Dismissal

An unfair dismissal occurs where the Fair Work Commission determines that:

• the employee was dismissed;
• the dismissal was harsh, unjust or unreasonable;
• the dismissal was not a genuine redundancy; and
• for small business employers, the dismissal was not consistent with the Small Business Fair Dismissal Code.

Where a claim is successful, remedies may include reinstatement or compensation.

How We Assist

Australian Workplace Strategies supports employers across all stages of the termination process, including:

• Advice on termination strategy and risk
• Performance management and disciplinary processes
• Workplace investigations
• Drafting warnings and termination correspondence
• Representation and support in unfair dismissal matters
• Development of disciplinary and termination policies

Compliance and Finalisation

When terminating employment, it is essential to ensure that all entitlements are correctly calculated and paid, including notice, accrued leave and (where applicable) redundancy.