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Short Service Dismissal Letter for Australia

Short Service Dismissal Letter Template for Australia

This document is a formal termination letter specifically designed for dismissing employees who have served for a short period (typically less than 12 months) in Australia. It complies with the Fair Work Act 2009 and related Australian employment legislation, including the Small Business Fair Dismissal Code where applicable. The letter provides essential information about the termination, including the effective date, reason for dismissal, notice period or payment in lieu, final entitlements, and requirements for returning company property. It is structured to minimize legal risks while maintaining professional communication standards and ensuring all statutory obligations are met.

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What is a Short Service Dismissal Letter?

The Short Service Dismissal Letter is a crucial document used in Australian workplaces when terminating employees who have been with the organization for a relatively short period, typically less than 12 months. This document type is particularly important as it addresses specific legal requirements under the Fair Work Act 2009 and related employment legislation, while considering that different unfair dismissal provisions apply to short-service employees. The letter must be carefully drafted to include all necessary information about the termination while maintaining compliance with Australian employment law, including minimum notice periods, final payment requirements, and proper documentation of the dismissal process. It serves as both a formal notification and a legal record of the termination, protecting both employer and employee interests.

What sections should be included in a Short Service Dismissal Letter?

1. Letter Header: Company letterhead, date, and recipient's contact details

2. Formal Greeting: Professional salutation addressing the employee by name

3. Confirmation of Dismissal: Clear statement confirming the termination of employment

4. Effective Date: Specific date when the employment will end

5. Reason for Dismissal: Brief explanation of the grounds for dismissal, ensuring it aligns with the short service period

6. Notice Period Details: Information about notice period or payment in lieu of notice

7. Final Payment Information: Details of final pay, including any outstanding wages, leave entitlements, or other payments

8. Return of Company Property: List of company property to be returned

9. Closing Statement: Professional closing including any follow-up instructions

10. Signature Block: Name and position of the authorized person signing the letter

What sections are optional to include in a Short Service Dismissal Letter?

1. Performance Issues Summary: Include if the dismissal is performance-related, summarizing key issues and any prior warnings

2. Confidentiality Reminder: Include if the employee had access to sensitive information or trade secrets

3. Garden Leave Provisions: Include if the employee is to be placed on garden leave during the notice period

4. Reference Provision: Include details about future reference provisions if applicable

5. Outplacement Support: Include if the company is offering any career transition support

6. Non-Compete Reminder: Include if there are existing non-compete obligations that continue post-employment

What schedules should be included in a Short Service Dismissal Letter?

1. Final Payment Calculation: Detailed breakdown of final payment including all entitlements

2. Company Property Checklist: Itemized list of company property to be returned

3. Employee Clearance Form: Form to be completed confirming return of property and settlement of accounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Termination Letter

Sector

Cost

Free to use

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