As employers, you should be aware of your employees' rights
when considering the termination of their employment. Dismissing an
employee may be deemed unfair if it is harsh, unjust or
unreasonable, or not due to a genuine redundancy, which could
render you liable to pay compensation or reinstate the
employee.
Subject to some exceptions, in the event of dismissal
– including if the employee was forced to resign by their
employer – an aggrieved employee may apply to Fair Work
Australia for a remedy. An important matter Fair Work Australia
must take into account when considering an unfair dismissal
application is whether there was a valid reason for the
dismissal.
The management action you take before dismissing an employee
will be considered by Fair Work Australia when determining whether
the dismissal was fair or not. It is important to remember that
there is no "three strikes rule". However, if an
employee's performance has been unsatisfactory, you should
