There must be valid reasons to dismiss staff. Valid reasons include poor performance, serious misconduct or changes to your operation.
Before dismissing staff members, employers should:
- 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 staff are dismissed with no valid reason, they may make a complaint of discrimination or an unfair dismissal claim. For more information about unfair dismissal, see the website of the Commonwealth Fair Work Commission or call on 1300 799 675.