Unfair Dismissal & Termination Guide | Mapien

Why Procedural Fairness Can Make or Break a Dismissal

A recent Fair Work Commission decision is a timely reminder that even where an employer has valid reasons for dismissal, a failure to afford procedural fairness can still lead to an unfair dismissal finding. This case highlights why a fair, clear and proportionate process is just as important as the reason for termination.

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When Attendance Becomes an Inherent Requirement: Lessons from Anthony Clark v Woolworths Group Limited

Practical guidance for employers managing extended absenteeism, caring responsibilities and capacity issues, particularly in operational, frontline and warehousing environments where reliable attendance is critical.

December 3, 2025

Redundancy and the Objective Test: What “acceptable” really means in alternative employment

This recent FWC decision highlights the importance of transparency fairness, and strategic planning in managing redundancies. Find out the legal obligations for employers, the risks of non-compliance and learn practical tips for navigating workplace restructuring with confidence.

October 13, 2025

Navigating employee absence during disciplinary action: Lessons on dismissal while on sick leave

Managing staff absences amidst disciplinary process is complex. Discover essential guidance for employers on managing dismissals during sick leave, including legal risks, procedural fairness, and best practices to ensure fair treatment and minimise exposure to claims under the Fair Work Act.

August 12, 2025

Swept Out Too Soon: The Risks of Skipping Procedural Fairness in Dismissal Decisions

This case underscores the importance of balancing procedural fairness, substantive fairness, and the application of cultural practices when considering disciplinary actions. We provide important lessons for employers when addressing sensitive issues, aligning workplace policy and the principles of natural justice.

December 16, 2024

Employers Face Risk of Damages for Psychiatric Harm Caused by Wrongful Dismissals

A High Court majority has found that employers now owe a duty of care to their employees to exercise reasonable care to avoid psychiatric injury when they are terminated or disciplined in the workplace.

FWC Says No to Judge, Jury and Executioner Process

In this recent case, the Fair Work Commission determined that an employee’s dismissal was unfair due to a denial of procedural fairness. In this decision the same person who conducted the disciplinary investigation also made the decision to terminate an employee's employment, thus the breach of procedural fairness. Learn more about this case and the importance of procedural fairness when conducting workplace investigations here.

February 22, 2024

Redundant employee asked to train replacement loses unfair dismissal claim

This recent decision is a reminder that it is the job that is made redundant and not the duties associated with the job. It also provides an important reminder that objective criteria must be used when selecting one person over another for available positions within a new workforce structure.

Take Note! FWC Raises the Bar for After Hours Conduct

In a recent decision, the Fair Work Commission determined that an employee’s late night inappropriate conduct at a networking event had a relevant connection to the employment justifying dismissal.

FWC Says Operational Reasons Not Sufficient to Justify Genuine Redundancy

Employers need to be mindful that any proposed redundancy requires strict compliance with the genuine redundancy requirements of the FW Act. Despite a reason for redundancy being due to operational requirements, a failure to comply with the consultation requirements of any applicable modern award or enterprise agreement and consider reasonable redeployment opportunities will invalidate the whole process.

January 28, 2021

Are your casuals regular & systematic? If so, they may have unfair dismissal rights!

Employers need to mindful that the requirement for casual employment to be regular and systematic does not require a regular pattern of engagement in relation to the number of days each week, days of the week and duration of shifts. It is the engagement that must be regular and systematic, and not the hours worked pursuant to the engagement.

October 19, 2020

FWC says time fraud justifies dismissal

Many employers are giving greater attention to employees engaging in time fraud. In this case, the Fair Work Commission has upheld the dismissal of an employee who engaged in time fraud including associated private use of a work vehicle.

Don’t let Procedural Fairness let you down!

Regardless of how clear the outcome may appear, the need for employers to follow due processes when making a decision to dismiss an employee, is paramount. Failure to do so may expose your organisation to an unfair dismissal matter. These three recent cases highlight the importance of following procedural fairness.

Lights off tea room interludes justifies summary dismissal

A recent industrial decision makes clear that employees who deliberately don’t work for extended periods and claim wages may be summarily dismissed. It also provides guidance about who can be dismissed when employees collectively engage in misconduct but to varying degrees of culpability.

FWC says Summary Dismissal of Practice Manager was Justified

A recent industrial case has shown that serious breaches committed by a medical practice manager can justify summary dismissal.

That’s not fair!

FWC's President, Justice Iain Ross, estimated that there had been an increase in unfair dismissal claims by 60% in April, when compared to the same time last year. Additionally, he indicated that General Protections claims were up more than 20%. Learn the reasons why.

Failure to Adequately Consult Means No Genuine Redundancy

In uncertain times like we’re currently facing with the COVID-19 pandemic, employers must be mindful of all of their redundancy obligations. Some employers have had to legitimately make positions redundant due to a downturn in business only to find that, when challenged, the Fair Work Commission has decided the dismissal was not a genuine redundancy due to a failure to adequately consult.

February 5, 2020

When is a warning not a warning?

What constitutes a warning? This case gave a valuable lesson about what constitutes a warning for the purpose of satisfying the requirements of the Fair Work Act 2009 (Cth) (‘FW Act’).

January 20, 2020

Effects of Cough Mixture Are No Excuse for Serious Misconduct

The Fair Work Commission decide the effects of non-prescription cough mixture are no excuse for serious misconduct. This important case demonstrates that employees can be summarily dismissed for being under the influence of legal drugs where that results in a significant safety risk.

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