Dismissing staff

If you decide to dismiss staff, you should have a valid reason. Valid reasons include poor performance, serious misconduct or changes to your operation.

You can't dismiss staff because of personal characteristics such as

• age
• caring responsibilities
• chosen gender
• disability
• marital or domestic partnership status
• pregnancy
• race
• religious appearance or dress (in work or study)
• sex
• sexuality
• spouse or partner's identity

Before dismissing staff members:

• notify them of any unsatisfactory performance and give them a chance to improve
• have a fair and valid reason for dismissal
• tell them the reason and give them the opportunity to respond
• give them notice according to their award, agreement or contract.

If you dismiss staff, and there is not a valid reason, they may make a complaint of discrimination or an unfair dismissal claim. For more information about unfair dismissal and unlawful termination, use the links below.