If you decide to dismiss staff, you should have a valid reason. Valid reasons include poor performance, serious misconduct or changes to your operation.
You can't dismiss staff because of personal characteristics such as
- caring responsibilities
- chosen gender
- marital or domestic partnership status
- religious appearance or dress (in work or study)
- spouse or partner's identity
Before dismissing staff members:
- notify them of any unsatisfactory performance and give them a chance to improve
- have a fair and valid reason for dismissal
- tell them the reason and give them the opportunity to respond
- give them notice according to their award, agreement or contract.
If you dismiss staff, and there is not a valid reason, they may make a complaint of discrimination or an unfair dismissal claim. For more information about unfair dismissal and unlawful termination, use the links below.
Last updated on 1 July, 2011 - 12:33.