Lawful termination of employee

We will help you end the employment cleanly, on terms that hold up if anyone tests them later.

Most claims that follow a termination are won or lost in the weeks before the dismissal ever happens. The reason for the decision, the warnings on the file, and whether the employee was given a real chance to respond are the things that get tested if a claim is brought. We act for employers terminating staff across performance, misconduct, redundancy, and mutual separations, and we focus on the procedural detail that makes the dismissal defensible from the moment the meeting ends. The goal is a separation that is clean, lawful, and not worth claiming over.

What is lawful termination and why does it matter?

Lawful termination is the set of statutory and procedural requirements an employer has to meet when ending the employment relationship: a valid reason for the dismissal, proper notice under section 117 of the Fair Work Act 2009 (Cth) or the contract (whichever is longer), procedural fairness in how the decision is reached and communicated, and final pay calculated correctly. Where the business has fewer than fifteen employees, the Small Business Fair Dismissal Code provides a structured pathway the Fair Work Commission treats as deemed compliance if it has been followed. Getting these elements right matters because a dismissal that fails on any of them opens the door to an unfair dismissal claim, a general protections claim, or a breach of contract claim, sometimes more than one at once.

Do I have to give a reason for terminating an employee?

Yes, for any dismissal where the employee has unfair dismissal rights. A valid reason relating to conduct, performance, or capacity has to be identified, communicated to the employee, and supported by evidence on the file. Terminations without a valid reason almost always fail the Fair Work Commission’s test for procedural fairness.

How much notice do I have to give?

Statutory notice under the National Employment Standards runs from one to four weeks depending on length of service, with an extra week for employees over 45 with more than two years’ service. The contract may provide for a longer notice period, in which case the longer one applies. Payment in lieu of notice is permitted if the contract authorises it.

Can I terminate for serious misconduct without notice?

Summary dismissal without notice is available where the conduct meets the definition of serious misconduct: theft, fraud, assault, serious safety breaches, or similar. The conduct has to be properly investigated and documented before the decision is made. A finding of serious misconduct that is not properly evidenced is one of the most common ways unfair dismissal claims succeed.

What is procedural fairness and how do I show it?

Procedural fairness means the employee was told the specific concerns, given a genuine opportunity to respond, allowed a support person at any meetings, and had their response considered before the decision was made. Showing it requires documentation: meeting notes, written warnings, written allegations, and a written response from the employee (or a record of one being offered).

A termination process that holds up to scrutiny.

Documentation that actually supports the decision.

Final pay, notice, and post-termination obligations done correctly.

Get the termination right the first time and you remove the risk of a claim.

The hours spent on the process before the dismissal are always less than the time, money, and stress of defending a claim afterwards. Speak with us before the meeting, not after the application is filed.

A dismissal that looks lawful is not the same as a dismissal that is defensible.

You have decided this person needs to leave the business, and you want it done properly. The complication is that ‘properly’ has a specific meaning, and getting any of the steps wrong (the warnings, the show-cause meeting, the notice, the final pay) opens the door to a claim that you could have closed entirely with the right process.

We will advise on the reason for the dismissal and whether it is one that will be accepted.
We will guide you through the warnings, show-cause meeting, and procedural fairness steps required before the decision.
We will draft or review the termination letter and notice calculations.
We will confirm final pay, including accrued leave, statutory notice, and any redundancy entitlements.
We will identify and manage any general protections or adverse action exposure.

You have decided this employment needs to end, and the steps you take from here will determine whether the separation is clean or contested.

You have reached the point where the employment relationship is no longer working. The reason might be performance that has not improved despite warnings, conduct that crossed a clear line, a role that no longer exists in the business, or a combination. Whatever the trigger, the decision to dismiss has been made and the question now is how to do it without giving the employee a claim to bring next month. The internal pressure is real, the time available is limited, and the cost of getting any one step wrong is disproportionate.

What's included in your lawful termination service

Advice on the validity of the reason for dismissal.
Drafting of warnings, show-cause letters, and termination correspondence.
Guidance on the show-cause meeting and procedural fairness steps.
Notice and final pay calculation.
Adverse action and general protections risk assessment.
Deed of release where a settlement payment is offered.

What happens when a termination is rushed or undocumented?

Terminations carried out without the proper procedural steps fail with depressing regularity. The employer dismisses for what feels like a sound reason (poor performance, attitude issues, a single serious incident), but cannot produce written warnings, contemporaneous notes, or evidence the employee was given a chance to respond. Months later a claim lands, conciliation produces a settlement demand, and the business writes a cheque to a former employee it had already paid a notice payment to. The financial exposure is capped, but the time, distraction, and management cost of defending the claim are not capped at all.

Here is how we help you end the employment lawfully and without a claim.

We sit down with you before the termination and map the actual position: the reason for the dismissal, the evidence supporting it, the procedural steps already taken, and what still needs to happen. We then advise on the warnings or show-cause process the situation requires, draft the correspondence, and walk you through the meeting in advance so nothing in the room surprises you. By the time the termination letter is delivered, the file supports the decision, the notice and final pay are correct, and the employee has been given everything required. The dismissal is final, and the risk of a claim is materially reduced.

Three steps to ending the employment relationship lawfully.

Position assessed, process run, exit clean.

Assess the position.

We review the reason for the dismissal and the evidence on the file, and identify any gaps.

Run the process.

We advise on warnings, show-cause, and procedural fairness, and draft the correspondence.

Finalise the exit.

We confirm notice, final pay, and post-termination obligations, and prepare a deed of release if needed.

Employment lawyers who guide Australian employers through lawful, defensible terminations.

Dismissing an employee is rarely something an employer wants to be doing, but when the relationship has reached the end, the priority shifts to ending it cleanly. We have advised employers on hundreds of terminations across industries, and the pattern is consistent: the dismissals that succeed are the ones where the process is run properly before the decision, not justified after the fact. Our employment team works directly with you on the procedural steps so the decision you have already made is also the one a tribunal would accept. You get a defensible exit, and your time stays focused on the business.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to end the employment cleanly and avoid a claim?

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