A summary dismissal delayed is a summary dismissal denied by the Fair Work Commission

The Fair Work Commission has found that a summary dismissal could be rendered unfair if it isn't effected in a timely fashion.

Summary dismissal of employment is a serious step, as the employment comes to an end forthwith with no payment of notice. An employer's right to do this rests upon the principle that an employee's serious misconduct is inherently incompatible with the continuation of employment.

A recent decision of Commissioner Cambridge of the Fair Work Commission emphasises that once an employer is aware of the relevant misconduct it can't sit on its hands and defer the decision to terminate summarily to a later time of the employer's choosing (Nash Wong v Taitung Australia Pty Ltd [2016] FWC 7982).