Terminations – Questions, Tips, and Initial Advice

Summary

Termination of employment can occur through resignation, redundancy, or dismissal. Where dismissal is initiated by the employer, strict timeframes apply for unfair dismissal or general protections applications (generally 21 days). Identify whether the termination was for performance, conduct, or capacity and ensure members are aware of time limits.

Questions

• Why do you think termination will occur/has occurred?
• Correspondence received; effective date; notice provided.
• Process followed; disciplinary history or PIP; prior warnings.
• Injury‑related or non‑work‑related capacity issues.

Preliminary Advice – If Terminated

• From the effective date, applications are generally due within 21 days.
  
• Explain that the information will be summarised and sent to an Industrial Officer for review and further advice.
• Collect: letters (allegations, meetings), responses, two payslips, contract, termination letter/email (or a written summary of verbal reasons), and relevant policies.

Preliminary Advice – If Not Yet Terminated

• Clarify the process (disciplinary/performance/show cause) and documentation required for procedural fairness.
• Support person rights; MSO can assist with meetings and responses.
  
• Ensure that all relevant factors are included in the show cause response so the employer is making their decision whilst in possession of all the facts.
  
• Attempt to have the show cause response outline how the dismissal would be harsh, unjust, or unreasonable. This is the test for an unfair dismissal.

Escalation/Referral

• Industrial Officer (urgent): Active termination, show cause, or post‑termination within 21 days.
• Supervisor/MSD Manager: Allocation of terminations and coordination.

Copy–Paste Email Templates

Termination Checklist (MSO to Member)

Subject: Termination – Documents and Next Steps (Urgent)

Hi [Name],

Please send the following as soon as possible:
• All letters/notices (allegations, meeting invites)
• Any responses to allegations
• Two most recent payslips and your employment contract
• The termination letter/email OR an email from you summarising the reasons provided
• Relevant policies (misconduct/termination)

Note: Unfair dismissal applications generally have a STRICT 21‑day limit from the date of effect.

Kind regards,
[Your Name]
Member Services

Process Clarification (MSO to Member)

Subject: Process Clarification and Support

Hi [Name],

Based on what you’ve shared, the employer appears to be following a [disciplinary/performance/show‑cause] process. Please send any letters/policies you’ve received. You are entitled to a support person at meetings; we can assist with drafting responses and attending.

Kind regards,
[Your Name]
Member Services