Terminating someone's employment can be a challenging task
for business owners and managers. The dismissal of an employee is
not only personally difficult, but it can create potential legal
implications if not done correctly.
In our experience, one of the major concerns for employers is
the prospect of litigation following an employee dismissal.
Unfortunately, there is no way to stop employees from bringing
claims if they are aggrieved by a dismissal, even if those claims
lack merit. For employees, claims arising from a dismissal may be
brought under the unfair dismissal or general protections
provisions of the Fair Work Act 2009 (Cth), as a breach of contract
under the common law, or in some cases as a contravention of either
commonwealth or state discrimination legislation.
