Were You Sacked Without a Chance to Defend Yourself?
Not all dismissals are lawful — and not all of them are fair. If you were fired or let go from your job without ever being given the chance to respond to concerns about your performance or behaviour, you may have experienced what’s known as a lack of procedural fairness. Under Australian law, that kind of treatment can turn a dismissal into an unfair dismissal— and give you the right to challenge it through the Fair Work Commission.
The law doesn't just focus on whether your employer had a reason to dismiss you. It also looks closely at how they did it. Even if your employer had some basis for their concerns, failing to give you a proper opportunity to respond can make the dismissal legally problematic.
Procedural fairness — or natural justice — is the idea that decisions should be made openly, fairly, and without bias. When applied to the workplace, this means that before your boss fires you, they’re expected to tell you what’s going on, explain the concerns they have, and give you a meaningful chance to speak up. That doesn’t mean you need a courtroom-style hearing — but it does mean you should be told the details of the issue, have the opportunity to respond, and know that your response is being considered before any decision is made.
Too often, this step is skipped. Sometimes employees are called into a sudden meeting and told their job is over — no prior warning, no notice of what’s going to be discussed, and no chance to prepare. Other times, vague complaints or performance concerns are mentioned briefly, but the decision to terminate has already been made behind the scenes. In some cases, people are dismissed by email, phone, or video call without ever having had the chance to explain their side.
Under section 387 of the Fair Work Act 2009, the Commission must consider whether the employee was notified of the reason for dismissal, and whether they were given an opportunity to respond. If the answer to either of those questions is “no”, the dismissal may be found to be harsh, unjust or unreasonable — even if the employer otherwise had a valid concern.
Importantly, this isn’t just about ticking boxes. If you were dealing with personal issues, illness, stress, or workplace conflict that contributed to the situation, you had a right to raise that. Your employer is expected to listen to those explanations and take them into account before deciding to end your employment. A fair process could have made the difference between dismissal and support.
It’s also worth noting that the size of your employer’s business doesn’t let them off the hook. Even small businesses are expected to give employees a fair go. And if your employer had access to HR support or legal advice and still failed to follow a basic process, the Commission is unlikely to be sympathetic.
If you weren’t given a proper opportunity to respond — or if your “meeting” was just a formality where the decision had already been made — that may be grounds for an unfair dismissal claim.
You don’t need to feel guilty about questioning how you were treated. The Fair Work Act is there to protect employees, and you have the right to challenge a dismissal that wasn’t handled lawfully or fairly. This isn’t about revenge. It’s about standing up for your rights, protecting your income, and making sure employers follow the rules that exist for good reason.
The process is confidential, safe, and grounded in your right to be treated with dignity at work. You have 21 days from the date your dismissal takes effect to lodge a claim. After that, it becomes much harder to take action.
If you’ve been let go without warning — and without a voice — don’t stay silent now. Speak to a workplace representative who understands the system and will advocate for your rights. At Workplace Justice, we specialise in supporting employees who’ve been dismissed unfairly. We can assess your situation quickly, give you clear advice, and help you move forward with confidence.
Because if your employer didn’t give you a chance to respond — we will.
