06/08/2026
Saines Legal can help employers with Show Cause Letters and advice regarding employee management and termination.
Situations arise where employers feel pressured to make a prompt decision concerning an employees ongoing employment. In circumstances where a decision is made to discipline or terminate an employee, employers run the risk of facing legal action. While employers cannot stop an employee from bringing a claim or action, measures can be taken to attempt to reduce the likelihood of such occurring; or to have a defensible position if such does occur.
Show Cause/Investigations
Many employers often ‘jump the gun’ when it comes to dismissing employees. Issues often arise as to the validity of a reason given for a dismissal, whether an employee has been given an opportunity to respond to such a reason, or in cases of performance, if an employee has been given an opportunity to improve.
Undertaking a well-executed show cause process prior to disciplining/terminating an employee will help reinforce the reasoning behind such action and provide reasonable opportunities to employees to provide their side. Show cause processes and investigations should seek to:
Provide a particularised allegation(s) to an employee, including any evidence which may give rise/support the allegation(s);
Give the employee ample time to respond to such in writing;
Give due consideration to the employee’s response; and
Make a reasonable decision based upon consideration of the allegations, any evidence, and any response provided by the employee.
Further, in the cases of performance issues, employees should be provided performance management. Poor performing employees should be presented with the fact that they are underperforming, and targets should be set to improve their performance over a reasonable period of time. If employees are provided such an opportunity to improve, and do not, then a decision to discipline/terminate can be made.
Where employers undertake proper investigations and/or proper performance management, they will typically have a good defensible position if an employee seeks to challenge a decision made in light of such processes.
It is always recommended that you seek appropriate advice prior to disciplining or terminating an employee.
Should you require assistance with employment contracts, company policy, investigations/show cause, unfair dismissals, general protections, or any employment matter, do not hesitate to contact Saines Legal.
Do not hesitate to contact us:
(07) 3324 1055
[email protected]
www.saineslegal.com.au
