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Why unfair dismissal claims are the most common in Australia

Published: December 7, 2023

Uncover the complexities of disciplinary action and unfair dismissal in the workplace with our Business Development Partner, Will Mendoza. As an employer, it is crucial to understand your obligations and responsibilities.

Read Transcript

Unfair dismissal claims are the most common

complaints made to Fair Work,

and employees

can be awarded up to 26 weeks

pay and even reinstated back

into the business.

Monetary fines aside,

dealing with these claims

is time consuming

and can seriously disrupt your business.

So if you need to terminate an employee,

we need to ask, is this an issue of skill

or will?

Disciplinary action

is taken by an employer

for any willful breach of policy

or procedure by an employee.

Where businesses tend to fail

is the internal process that they follow.

Often unfair dismissal claims arise

not because the employer

terminated the employee

for the wrong reasons,

but because the process

that they followed was unfair or unjust.

As an employer,

you may have the right reason

to terminate an employee,

but if you're unaware of the correct

disciplinary and dismissal process

to take outlined by Fair Work,

this could lead to a claim against you.

So, what is disciplinary action?

When an employee willfully breaches

any workplace policies

or procedures, employers

can take disciplinary action

against them.

There are many types of these breaches,

including health and safety breaches

and other forms of misconduct.

Actions taken can be in the form

of letters of concern,

warning letters

and in some cases, even termination.


the employee needs to be informed

of the allegations

and given a chance to respond to them.

Their response needs to be considered

before the employer decides

to take any action.

Regardless of the industry

you're in,

you need to understand the obligations

and your rights in disciplinary issues.

So it's crucial

to be well informed and supported

through the process.

Employsure’s service provides a 24/7

point of contact for professional advice

on every aspect of employment relations.

We can offer documentation, advice

and onsite face-to-face training and assistance

through the disciplinary process.

We work with thousands of businesses

across Australia and New Zealand,

so call us today

and find out more how we can help you

build a better business.

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