Summary Dismissal Letter
Reviewed on 11/7/12
Who can use this correspondence
This correspondence can be used by all employers.
Commentary
This document should only be used in cases of serious misconduct that warrants the immediate termination of an employee’s employment (that is, termination without notice or payment in lieu of notice). If you are uncertain as to what constitutes serious misconduct or whether you should terminate an employee’s employment summarily, you should seek legal advice before taking any action.
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Serious misconduct includes but is not limited to:
- wilful or deliberate behaviour by an employee which is inconsistent with the continuation of the contract of employment;
- conduct that causes imminent and serious risk to:
1. the health and safety of a person; or
2. the reputation of an employer’s business.
Some examples of serious misconduct are an employee in the course of their employment:
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engaging in theft, fraud, or assault;
-
being intoxicated at work; and
-
refusing to carry out a lawful and reasonable instruction which is inconsistent with the continuation of the employee’s contract of employment.
The termination letter aims to clearly state the reason(s) for the termination of employment and set out the procedure that the employer has followed in relation to the serious misconduct.
In order to terminate the employment of an employee, the employer must have both a valid reason for the termination and in most cases must also be able to demonstrate that the employer has followed a fair procedure in relation to the termination of employment, such as, by meeting with the employee and explaining the issues to the employee, allowing the employee an opportunity to respond, and considering that response before making a decision on the employee’s continued employment.
This letter alone cannot prevent an employee from bringing a claim against the employer in relation to the termination of their employment. The employer should seek legal advice in relation to risks associated with the termination of an employee’s employment.
Employees may be entitled to receive the following payments on the summary termination of their employment:
- wages up to the date of termination of employment;
- accrued annual leave;
- accrued long service leave (providing they have met the minimum statutory periods of service); and
- entitlements in accordance with the employee’s contract of employment.
An employee’s entitlements on termination may be affected where the employee is being terminated for serious misconduct. If you are uncertain about the calculation of entitlements on summary termination you should seek legal advice.
Further information
Further information on how to use this document can be found at the 'How to use correspondence' link on the Correspondence page of the HR Advance website.
Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants. |
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