Dismissal affects an employee’s rights and an employer’s legal exposure. Start by reviewing the reasons, employment documents, work rules and amounts payable under the applicable law.
Identify the reason for dismissal
Performance issues, restructuring, completion of work and misconduct require different assessments and documentation. Employers should establish the facts fairly and give those involved an opportunity to explain before deciding.
Review entitlements and the effective date
Check notice, severance, outstanding wages, remaining leave and other amounts under the contract or work rules. Calculate entitlements using actual employment records and the law in force on the dismissal date.
- Employment contract and work rules
- Employment history, warnings and relevant evidence
- Amounts payable and employment certification documents
Prepare the notice and communicate carefully
A dismissal notice should state the effective date and factual reasons without unnecessary language. Handover, return of property and termination of system access should follow documented procedures.
Reducing later disputes Retain the documents, calculations and proof of payment. If the decision is disputed, assess negotiation, mediation or litigation options based on the facts and evidence from both sides.
NoteEntitlements differ according to the reason for dismissal and the employment relationship. Check the facts and current law before taking action.