Unfair Dismissals


Dismissal is a difficult and complex area fraught with emotion and danger to capital, plant and most importantly, personnel.  It is an area that all employers must get right to meet the requirements of Australian law and to have an effective workplace.  We know this is a hard, stressful and potentially very time-wasting area for all employers.  Fortunately, we know exactly how best to help you.

KMIR assists our employer clients by:

  • advising on recruitment methods which are likely to produce the best results and minimise need for termination later on.
  • advising on effective employment agreements and EBAs which facilitate, not impede, termination of poor performing and badly behaving employees.  
  • advising on fixed term contracts which negate need for unfair dismissal problems. 
  • drafting and implementing an effective policy and procedure on performance management and disciplinary action in the workplace.
  • training managers and employees in best and correct practice in disciplinary action and termination and how to apply what they learn effectively in the workplace.
  • advising on bullying complaints that may arise during performance management or disciplinary action. 
  • advising on all disciplinary action issues including strategy, guidance, scripts for managers, participating in disciplinary meetings and writing all associated correspondence.   Do you know whether you should be doing counselling, giving a warning or terminating someone?  KMIR knows – we can guide you.  
  • assisting employers with defence of unfair dismissal claims in Fair Work Commission with effective documentation and representation at conciliations
  • Advocacy/representation in Fair Work Commission single member unfair dismissal application hearings and Full Bench appeals.  

Please contact KMIR before you terminate someone’s employment  – not afterwards.   We can and will help you after the event, but our expertise is best placed in ensuring that dismissal strategy and associated documentation is prepared correctly beforehand.   

For further advice and information on this topic, refer to the ‘Articles’ section of the KMIR website.