Sacking, Dismissal & Redundancy

How to legally sack staff

DO:

  • Have policies and procedures – and follow them.
  • Be very clear about the reason they are being terminated: performance, misconduct or redundancy.
  • Document everything.
  • Think about having a third party present when you carry out the termination.
  • Give employees the legally required notice period (a sliding scale of between one and five weeks, depending on length of service and the employee’s age).
  • Check their other entitlements such as long service leave, annual leave and any contractual requirements.

DON’T:

  • Assume the WorkChoice laws give small employers carte blanche to sack anyone at will.
  • Base any termination on sex, race, age, disability, sexual preference, pregnancy, union status or other areas covered by unlawful termination or anti-discrimination laws.
  • Force staff to sign any document, such as a resignation, under duress.
  • Assume staff on parental leave or worker’s compensation, or part-timers, are a “no go zone” for termination. They can be lawfully sacked, just like any other employee, as long as the reason for the sacking is related to performance, misconduct or redundancy.

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