The three occasions you will be found without a valid reason for dismissal

One of the most common claims that will arise in the modern workplace is the unfair dismissal claim. There is little surprise – almost anyone is eligible to make an unfair dismissal claim ¹ and it costs close to nothing to lodge an application with the Fair Work Commission ².

A recent examination of unfair dismissal cases shows that employers are still acting prematurely. Perhaps as expected, many employers are caught out for failing to afford a fair process (which requires such things as providing employees with an opportunity to respond or a chance to improve their performance). However, the cases also show that employers have failed to defend unfair dismissal claims due to a flawed first step.