Guidance and support for fair, legally compliant terminations. Whether terminating for performance, misconduct, or redundancy, we ensure the process is fair, properly documented, and defensible under the Fair Work Act.
The Challenge
You terminate for performance without prior documented feedback or opportunity to improve
You dismiss someone without investigation or allowing them to respond to allegations
You redundant a role without consultation about alternatives or redundancy entitlements
You don't calculate final pay correctly, missing accrued leave or redundancy pay
You don't follow proper notice periods or pay out notice, creating immediate disputes
What's Included
Advice on whether your grounds for termination are legitimate (performance, misconduct, redundancy) and defensible under Fair Work law.
Guidance on the fair process that must be followed, depending on the reason for termination (discipline process, redundancy consultation, etc.).
Calculation of all final entitlements: accrued leave, notice period, redundancy, unpaid salary, bonuses, and any other contractual entitlements.
Formal termination letter setting out the reason, effective date, notice period or payment in lieu, final entitlements, and any conditions (return of property, references available, non-solicitation, etc.).
Checklist for exit management: IT access removal, return of company property, handover of work, final pay processing, reference policy, and post-employment obligations.
Why It Matters
Termination is the most legally sensitive people management issue. The Fair Work Act imposes strict requirements about what constitutes fair grounds for dismissal and what process is due. There are different rules for dismissal (for cause), redundancy (role ends), and resignation (employee initiated). Getting termination wrong is expensive—unfair dismissal claims can result in reinstatement, back pay, compensation, and legal costs. Fair process matters. Even if you have good grounds to dismiss, if you haven't followed fair procedures (investigation, opportunity to respond, documented decision), the dismissal might be found unfair. Redundancy also requires consultation—you can't just tell someone their role is gone. You must consult about why the role is ending, what alternatives exist, and what redundancy pay applies. We help you navigate these issues, ensure the process is fair and compliant, and protect the business.
Fair and legally compliant termination process
Minimises risk of unfair dismissal claims
Proper notice periods and redundancy entitlements
Final pay and entitlements calculated correctly
Exit management that protects business interests
Documented process if disputes arise
The Process
Reason for termination assessed and proper grounds confirmed (performance, misconduct, redundancy, etc.)
Fair process followed appropriate to the reason (discipline, performance improvement, consultation for redundancy)
Termination decision confirmed in writing with reason, notice period, final entitlements, and references available
Final pay calculated including accrued leave (annual leave, long service leave), notice period pay, redundancy (if applicable), and any bonuses or allowances
Exit process managed including handover, return of company property, final pay issued, and references provided
Best For
Businesses terminating an employee and wanting to ensure fair, compliant process
Owners managing restructures or redundancies and needing consultation guidance
Businesses in disputes where termination fairness is being questioned
Managers wanting to understand their obligations before terminating someone
Complementary Services
Fair and procedurally sound disciplinary processes for addressing misconduct, policy breaches, and serious incidents. Compliant with Fair Work principles of natural justice and designed to withstand scrutiny if disputes arise.
Performance management processes that help you develop your team, set clear expectations, document performance issues, and address underperformance fairly. Compliant with Fair Work requirements and designed to reduce disputes.
Comprehensive support for business restructures, role redundancies, and organisational changes. We guide you through consultation, fair selection, redundancy pay, and communication to minimise disputes and manage change fairly.
FAQ
Dismissal is terminating for cause (performance or misconduct). Redundancy is when the role no longer exists due to business changes. Different rules apply—redundancy requires consultation and redundancy pay; dismissal requires fair process.
At least one week's notice for employees with less than two years' service. Two weeks' notice for employees with two years or more. Some Modern Awards specify longer notice. You can pay out notice period instead of requiring the employee to work it.
Depends on length of service and Award. Generally: less than 1 year = no statutory redundancy; 1-2 years = 4 weeks; 2-3 years = 6 weeks; 3+ years = 8 weeks. Some Awards specify more. Always check the relevant Modern Award.
You must give proper notice or pay it out, unless terminating for serious misconduct (gross insubordination, theft, violence, safety breach). Immediate termination without proper grounds risks unfair dismissal claims.
All accrued and unused leave (annual leave, long service leave, personal leave where accrued), notice period or payment in lieu, redundancy pay (if applicable), unpaid salary, and any bonuses or entitlements in the contract.
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We can help you implement termination guidance and start seeing results. Book a consultation to discuss your specific needs and explore how this service can transform your business.