Private sector employers and employees
Telephone: 1300 655 266
Mailing address
Locked Bag 100
East Perth WA 6892
This information is only relevant to employers and employees in the WA state industrial relations system.
When an employee’s work performance is not meeting the required standard, action to help the employee improve their performance should be taken. Best practice includes:
No, but it is good practice for the employee to be warned that failure to reach the required work standard could result in termination.
Employers should ensure that discussions about performance standards are documented so it can be demonstrated that genuine attempts were made to assist the employee to improve – provide copies to the employee.
Serious misconduct is different to poor work performance. Serious misconduct is behaviour that could damage the employer’s business, or is inconsistent with the employment contract – for example, causing a serious safety risk; committing theft, fraud or assault; or being intoxicated at work. Employers are not required to give notice in the case of serious misconduct.
In cases where employee misconduct has been established, the employer will need to determine if the misconduct is serious enough to warrant immediate dismissal without notice (serious misconduct) or whether another outcome is more appropriate - for instance, a warning, a written reprimand or dismissal with notice.
Not all misconduct is sufficiently serious to warrant summary dismissal without notice. In determining a claim of unfair dismissal, the Western Australian Industrial Relations Commission will examine the context of the alleged misconduct. Employers alleging serious misconduct will need to be able to demonstrate that summary dismissal was the only option available.
In determining whether an employee has engaged in misconduct (including serious misconduct) it is important that employers follow a procedurally fair process. Some of the steps employers can take to ensure procedural fairness include:
If, after considering all the evidence, the employer comes to the conclusion that the employee has in fact engaged in serious misconduct, the employer may then terminate the employee without giving them notice. This should be done in writing, and the employee should always be informed why they are being terminated.
All state system employers are legally required to keep employment records that detail time worked, leave taken and pay received by employees.
Learn more on the Employment records - Employer obligations page
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