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Dismissal Letter After Disciplinary Hearing

Dismissal Letter After Disciplinary Hearing Template for Australia

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Dismissal Letter After Disciplinary Hearing

"I need a Dismissal Letter After Disciplinary Hearing for an IT manager who has been found to have repeatedly breached our cybersecurity protocols despite multiple warnings, with the termination to take effect from March 15, 2025, including specific clauses about the return of high-security access credentials and confidential project documentation."

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Document background
The Dismissal Letter After Disciplinary Hearing is a crucial document in Australian employment law that formally communicates the termination of employment following a disciplinary process. It is used when an employer has conducted a formal disciplinary hearing regarding serious misconduct, repeated performance issues, or other significant workplace concerns, and has decided to terminate the employment relationship. The letter must comply with the Fair Work Act 2009 and other relevant Australian employment legislation, ensuring procedural fairness and proper documentation of the decision. This document serves multiple purposes: it confirms the termination decision, provides required notice periods, outlines final entitlements, explains the reasons for dismissal, and informs the employee of their rights, including the right to appeal. The letter forms part of the official employment record and may be crucial evidence if the termination decision is later challenged in a tribunal or court.
Suggested Sections

1. Recipient Details: Full name, address and position of the employee

2. Reference to Previous Communications: Details of the disciplinary hearing date and any prior warnings or meetings

3. Confirmation of Dismissal: Clear statement that employment is terminated and the effective date

4. Reasons for Dismissal: Specific details of the misconduct or performance issues that led to dismissal, referencing evidence presented at the hearing

5. Notice Period Details: Information about notice period or payment in lieu of notice

6. Final Pay Information: Details of final salary, outstanding leave entitlements, and other payments

7. Company Property: Requirements for returning company property and by when

8. Right of Appeal: Information about the employee's right to appeal the decision and the process

Optional Sections

1. Garden Leave: Include when the employee is required to serve their notice period away from the workplace

2. Post-Employment Restrictions: Reference to any applicable non-compete or confidentiality obligations

3. Employee Assistance Program: Include when the organization offers support services to terminated employees

4. Reference Policy: Include when specifying the type of reference that will be provided to future employers

5. Outplacement Support: Include when the organization is offering career transition services

6. Medical Insurance Extension: Include when applicable for continuation of health benefits

Suggested Schedules

1. Summary of Disciplinary Hearing: Detailed minutes or summary of the disciplinary hearing proceedings

2. Evidence Schedule: List and copies of evidence considered in making the dismissal decision

3. Final Payment Calculation: Detailed breakdown of final payment including all entitlements

4. Company Property Checklist: List of company property to be returned

5. Previous Warning Letters: Copies of any previous formal warnings or performance improvement plans

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Healthcare

Education

Manufacturing

Retail

Financial Services

Technology

Construction

Mining

Professional Services

Hospitality

Transport and Logistics

Public Sector

Telecommunications

Agriculture

Non-Profit

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Industrial Relations

People Operations

Senior Management

Operations

Relevant Roles

Human Resources Manager

HR Director

People Operations Manager

Employee Relations Manager

HR Business Partner

General Manager

Department Manager

Line Manager

Operations Manager

Chief Human Resources Officer

HR Coordinator

Legal Counsel

Compliance Officer

Industrial Relations Manager

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships, including unfair dismissal provisions, notice requirements, and procedural fairness obligations
Fair Work Regulations 2009: Supplementary regulations providing detailed requirements for employment termination processes and documentation
Age Discrimination Act 2004 (Cth): Ensures the dismissal is not based on age discrimination
Disability Discrimination Act 1992 (Cth): Protects employees from dismissal based on disability discrimination
Sex Discrimination Act 1984 (Cth): Ensures the dismissal is not based on gender, sexual orientation, or related attributes
Racial Discrimination Act 1975 (Cth): Protects against dismissal based on racial discrimination
Privacy Act 1988 (Cth): Governs the handling of personal information in employment records and termination documentation
Work Health and Safety Act 2011 (Cth): Relevant if the disciplinary matter involves workplace safety violations or concerns
State-specific Industrial Relations Acts: Applicable state-based employment laws that may affect termination requirements for certain employees not covered by the federal system
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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