The Problems People Bring to Us
Many people call us before they have been dismissed, because they think they are about to be. The common patterns are:
- A show cause letter. The employer sets out allegations and asks you to explain, in writing and by a deadline, why your employment should not be terminated.
- An investigation. You have been told a complaint has been made about you, sometimes with very little detail, and asked to attend an interview.
- A suspension, paid or unpaid, while the employer investigates.
- A performance improvement plan that feels designed to fail, often arriving soon after you raised a concern, took leave or had a change of manager.
- A first or final warning you think is unfair, and which you know will be relied on later.
What you do in the next few days matters. A careful response can change the outcome of the process. And if the employer dismisses you anyway, what you said, and when you said it, becomes part of the record any later claim is built on.
How We Help, Stage by Stage
First Discussion
You tell us what has happened and show us what you have received. We work out whether the process is about conduct or performance, what the employer is actually alleging, how long you have to respond, and whether you are covered by the national system or the WA state system.
What you get: a clear view of the timetable, and immediate practical advice, such as whether to ask for more time, for the particulars of the allegations, or for a support person at any meeting.
Reviewing Your Documents
We read the letter against your contract, the relevant policies, any award or enterprise agreement, and your own records. We look for allegations that are vague or unsupported, steps the employer has skipped, and anything that suggests the real reason is something else, such as a complaint you made or leave you took.
What you get: an honest assessment of the strengths and weaknesses of your position before you commit anything to writing.
Advice on Your Options
Broadly, you can respond and try to keep your job, respond and negotiate an exit, or resign. Each has consequences. We explain them, including how each choice affects a later claim and the time limits that would apply.
What you get: a recommended approach, in plain English, with the reasons.
Responding and Negotiating
Depending on what you choose, we either help you write your response, or prepare it and send it for you. Where you would rather leave on agreed terms, we open a negotiation with the employer about how the employment ends.
What you get: a response that answers the allegations properly and puts your side on the record, or a negotiated outcome on terms you have approved.
If You Are Dismissed
If the employer goes ahead, the clock starts. For most employees a claim must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect (s 394 of the Fair Work Act 2009 (Cth)). In the WA state system the limit for an unfair dismissal claim is 28 days. Because we already know the file, we can move quickly. See Unfair Dismissal and General Protections.
Settlement and the Deed
If the matter resolves by agreement, before or after a dismissal, the terms are usually recorded in a deed of settlement and release. We make sure it reflects what was agreed, including how your departure is described.
What to Bring to the First Conversation
- The show cause letter, allegations, warning or performance plan, and the date you must respond by
- Your employment contract and any position description
- Any earlier warnings, performance reviews or improvement plans
- The policies the employer says you breached, if you have them
- Your own notes of meetings: dates, who was there, what was said
- Any complaint you made, or leave you took or asked for, in the months before this started
- A recent payslip, which shows your employer's legal name
If you do not have some of these, call anyway. A missing document is a problem we can solve; a missed deadline often is not.
How We Have Helped
An employee was given a show cause letter about an alleged safety breach. We helped them answer the allegations and put their account on the record. The employer went ahead with the dismissal, and the matter was then resolved by agreement, recorded in a deed.
An employee who had been on a performance improvement plan received a show cause letter about their performance. We advised them on their position and dealt with the employer on their behalf. The matter was resolved on terms recorded in a deed.
Every matter is different. These examples are general and do not indicate the outcome of any other matter.
Talk to Us
If you have received a show cause letter or allegations, call us before you respond. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion about your rights, and tell us the date your response is due.
Read more: Allegations at Work · Performance Management · I Might Be Dismissed