1 June 2026

Ending someone's employment is one of the hardest and riskiest things a business does. Get the reason or the process wrong and you can face an unfair dismissal claim. The good news is that a fair, well-documented process protects both your people and your business.

An employer and employee in a workplace meeting
A fair process is the best protection against an unfair dismissal claim.

When can a dismissal be 'unfair'?

Broadly, a dismissal may be unfair if it is harsh, unjust, or unreasonable — for example, if there was no valid reason, or the employee wasn't given a fair chance to respond. Eligibility and the rules depend on the employment system that applies and on factors like the size of the business and the employee's length of service.

Getting the process right

Process matters as much as the reason. A fair approach generally includes:

  • A valid, clearly communicated reason for the dismissal
  • Giving the employee a genuine chance to respond before a decision is made
  • Allowing a support person in relevant meetings
  • Keeping clear records of warnings, meetings, and decisions

Protecting your business

The best protection is consistency: clear policies, documented performance management, and fair procedures applied the same way every time. When a dismissal is genuinely necessary, getting advice before you act is far cheaper than defending a claim afterward.

This article is general information only and is not legal advice. Laws change and every situation is different — please contact KD Legal for advice tailored to your circumstances.

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