Employee Relations
The everyday matters that become expensive if they're handled badly.
The decision is usually right. The process is what gets tested
Most employers who lose an unfair dismissal case had a good reason to terminate. What they lacked was evidence that the employee had been told about the problem, given a genuine chance to respond, and dealt with proportionately.
Termination is the highest-risk decision an employer makes about an individual. It's worth an hour of advice beforehand.
You might be dealing with
- A conduct matter where summary dismissal is being considered
- Performance-based termination at the end of a process
- Termination during a probationary or minimum employment period
- An employee whose absence has become untenable
- Redundancy that may not be genuine
- A termination already made and now challenged
- An unfair dismissal or general protections application already filed
- A settlement conference or conciliation you need to prepare for
What's included
- Pre-decision review Whether the reason is valid, whether the evidence supports it, whether process obligations have been met, and what your exposure looks like. Before you act.
- Process Show-cause correspondence, meeting structure, support person rights, response time, and how the decision is made and recorded.
- Documentation Termination letters, entitlement calculations, final pay and separation documentation.
- The meeting Preparing your leader, or attending. Termination meetings are remembered for years by everyone in the room.
- Claim response Preparing your position, evidence and witnesses, and supporting you through conciliation.
- Settlement strategy An honest view of whether to defend or resolve, and what a commercial outcome looks like.
Common questions
What makes a dismissal unfair?
Broadly, a dismissal is at risk where there was no valid reason relating to capacity or conduct, the employee wasn't notified of the reason, wasn't given an opportunity to respond, was unreasonably refused a support person, or where the outcome was disproportionate. Size and HR resources of the business are also considered.
Can we dismiss during probation?
Employees generally can't bring an unfair dismissal claim until they've completed the minimum employment period, which differs for small businesses. Other claims, general protections and discrimination, are not subject to that period, so "still on probation" is not a complete answer.
What's a general protections claim?
Broadly, a claim that adverse action was taken because of a protected attribute or the exercise of a workplace right: such as making a complaint or taking leave. These carry no compensation cap and there is a reverse onus, so the employer must show the reason wasn't prohibited. They're serious and worth advice on early.
We've already terminated and now there's a claim.
Get advice quickly: the timeframes to respond are short. We can help assess the position and prepare your response.
Should we just settle?
Sometimes, and there's no shame in it. But settling a defensible matter has costs beyond the money, including what it signals internally. It's worth an honest assessment of the merits before deciding.
Ready to talk?
Tell us what you need and we'll take it from there.
Related services
All services →Performance Management
Getting underperformance addressed properly. Clear standards, documented conversations, a genuine opportunity to improve, and a process that holds up.