You Can’t Be Dismissed Without Knowing Why
One of the most basic rights employees have under Australian workplace law is to be told why they’re at risk of losing their job. But what happens when that doesn’t happen?
Let’s be clear: if your employer fails to notify you of the specific reason they are considering ending your employment, and denies you a real chance to respond, your dismissal could be unfair. And this holds true even if they say your conduct or performance was “poor” or that you “breached company policy.”
A vague or generic accusation is not good enough. Employers can’t just say “you didn’t meet expectations” or “there were conduct concerns.” That tells you nothing. The reason must be clearly explained before the decision is made. If not, it’s procedurally unfair.
Imagine being dismissed for “inappropriate behaviour” without knowing what exactly you did, when, or who made the allegation. Or being accused of “breaches of policy” without being told which policy or what part of it you supposedly broke. In both cases, you’d be left unable to respond properly—or at all.
This kind of process puts employees at a serious disadvantage. And the Fair Work Commission recognises that. It has repeatedly ruled that even if an employer believes they have a valid concern, the dismissal can still be unfair if the employee wasn’t clearly told what that concern was or wasn’t given a chance to explain their side.
In one case, a dismissal was overturned because the employer waited until after the termination to tell the employee the real reason. The employee had no idea their job was at risk until they were already fired. The Commission found this to be a breach of natural justice.
This isn’t about clever legal tricks. It’s about fairness. If your employer is planning to fire you, they must:
Tell you the specific allegation or concern
Give you time to prepare and respond
Make it clear that your employment is at risk
Genuinely consider your response before making a decision
You don’t need to be a lawyer to see how important this is. Without that information, you can’t defend yourself. You can’t correct a mistake. You can’t even tell if the concern is legitimate.
If you’ve been fired and weren’t told the exact reason, or you were told after the fact, or you never got a chance to respond—there’s a real chance your dismissal was unfair.
