Employment termination preparation checklist
Terminations carry unfair dismissal, general protections, and discrimination risks. This checklist walks through the standard employer preparation steps.
This is a 12-step employer-side checklist for terminating an employee under the Fair Work Act. It covers the valid reason, procedural fairness, show cause, notice, and final payments required to minimise unfair dismissal risk.
The checklist
Identify reason for termination
Identify the valid reason — conduct, capacity, performance, or redundancy — supported by documentation.
Check against modern award or EA
Confirm any procedural requirements under the applicable modern award or enterprise agreement.
Review contract of employment
Check the contract for notice, termination, post-employment restraints, and any contractual procedures.
Collate supporting evidence
Collect performance reviews, warnings, investigation findings, and any contemporaneous file notes.
Provide show cause opportunity
Write to the employee setting out the allegations and inviting a response before any decision.
Allow a support person
Offer the employee the right to bring a support person to any meeting.
Consider the response
Genuinely consider the employee's response before making any final decision.
Assess general protections risk
Check whether the employee has recently exercised any workplace right or made any complaint.
Assess discrimination risk
Check whether any protected attribute could be connected to the termination decision.
Calculate final payments
Calculate notice or payment in lieu, accrued leave, redundancy pay, and LSL where applicable.
Draft termination letter
Draft a termination letter setting out the reason, final payments, and any post-employment obligations.
Plan handover and exit
Plan the exit meeting, handover, IT access removal, and return of property.
When this checklist applies
Use this checklist before any employer-initiated termination — conduct, performance, or redundancy.
Common pitfalls
- No genuine show cause opportunity before the decision
- Termination shortly after a protected complaint or workplace right
- Notice paid short of the modern award or contract
- Skipping the redundancy consultation requirements
- Poor file notes making later FWC defence difficult
Run this checklist on a real matter
Quillio drafts termination letters, show cause correspondence, and calculates final payments. See /practice-areas/commercial-lawyers or start a free trial.
This checklist is a general guide. Always obtain specific advice on individual terminations — unfair dismissal and general protections claims are common.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no sales call.
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