Fired for Poor Performance? Why Warnings and a Chance to Improve Matter
It might come as a shock to be told you’re underperforming at work, especially if no one’s ever raised it before. But if your employer is considering dismissing you for poor performance, they can’t just spring it on you out of the blue. Under Australia’s unfair dismissal laws, they must give you a genuine opportunity to turn things around.
The Fair Work Commission has repeatedly confirmed that a valid reason for dismissal is not enough on its own. If you’re accused of underperformance, your employer must also take steps to address the problem fairly. This usually includes:
Clearly identifying the performance concerns. You should be told exactly what’s not meeting expectations, not just vague or general statements.
Giving you the opportunity to respond. You have a right to explain your side and ask for clarification.
Providing a fair chance to improve. This often includes a written warning, support, and a reasonable time to show improvement.
Following a proper process. You should be notified of any meetings, allowed to bring a support person, and kept informed throughout.
Dismissing someone without giving them a clear warning and a chance to improve is often considered procedurally unfair, even if performance issues did exist. In some cases, the Commission has found dismissals to be unfair solely because of the flawed process—especially when there were no prior warnings.
It’s also not enough for an employer to say they felt you weren’t meeting expectations. There needs to be evidence of poor performance, and you must be treated with fairness throughout the process.
If you've been dismissed suddenly for underperformance with no warnings, or you felt blindsided by the decision, it’s worth seeking advice. You may have grounds to challenge the dismissal—especially if you were willing and able to improve, but never given the chance.
