The Fair Work Act 2009 states that an employer must not take adverse action against an employee because the employee has a workplace right.
This includes the right to not be unfairly dismissed. However, there are some exceptions to this rule. For example, an employer can dismiss an employee without cause if the employee is not performing their job to the required standard, or if the employee has committed misconduct.
If you are considering dismissing an employee without cause, we recommend seeking legal advice first. This is because the process can be complex, and there are strict rules that must be followed.
In Australia, there are several reasons why an employee can be dismissed without cause. These reasons include the following:
Misconduct: Misconduct is when an employee breaks the rules of their employment contract or the law. This can include things like theft, violence or harassment.
Poor performance: Poor performance is when an employee does not meet the expectations of their job. This can include things like not meeting targets or deadlines, or not following instructions.
Redundancy: Redundancy is when an employee’s job is no longer needed by their employer. This can happen for several reasons, such as the employer’s business changing or closing down.
General Protections claims are claims made by employees or former employees against their employer for unlawful termination. An employee may make a General Protections claim if they believe that their employer has dismissed them for an unlawful reason.
This can include if they have been dismissed because of their race, gender, age, disability, sexual orientation, religion, political opinion or trade union activity. An employee may also make a General Protections claim if they believe that their employer has taken adverse action against them.
This can include if they have been transferred to a less favourable position, had their hours or pay reduced, or been given a warning.
The penalties for unlawful termination in Australia can vary depending on the circumstances. If an employee is successful in their claim, they may be awarded compensation for any losses they have suffered due to the termination. They may also be reinstated to their former position or be given a new position.
If you fire an employee for any of the reasons listed above, you will probably have to pay heavy fines. Currently, the fines are up to $10,800 for an individual and $54,000 for a company. You may also have to pay the worker compensation or even rehire the employee.
This means that an employee has 21 days from the date of their dismissal to file a claim against their employer for wrongful termination.
If you are planning to fire an employee, you must follow the rules. This means having a valid reason for dismissal and following the correct procedure.
The correct procedure for firing an employee in Australia includes:
If an employee is dismissed without following the correct procedure, they may be able to claim unfair dismissal.
If you have any questions about firing an employee, you should speak with an employment lawyer.
Yes, you can dismiss employees without cause in Australia, but there are certain conditions that must be met for this to be legal. The main condition is that the dismissal must be fair and reasonable, taking into account all the relevant circumstances. If the dismissal is found to be unfair or unreasonable, the employee may be able to lodge a claim with the Fair Work Commission.
Saines Legal is your go-to partner whenever you need help with your superannuation contributions or any employment-related issues. Our team has the knowledge and legal support you need to increase your chances of getting a favourable outcome. Contact us today and talk to a workplace lawyer in Brisbane you can rely on.