Performance, Misconduct and Termination of Employment



Aitken Legal can advise Employers in relation to performance issues with Employees, misconduct and terminating an employee's employment, including:

  • Determining an appropriate performance management process for the relevant issues;
  • How to manage an employee's misconduct, including how to investigate the conduct; 
  • Determining whether an employee's misconduct warrants termination of employment; 
  • Determining whether the employee should be terminated summarily or with notice of termination; 
  • Advising on the legal risks when terminating an employee's employment for misconduct or poor performance; 
  • Providing Employers with a tailored process and script to use as a guide when holding a meeting with an employee to discuss their misconduct, performance or to terminate their employment; 
  • Advising on an employee's entitlements when their employment is terminated; 
  • Advising on the risks when terminating the employment of an injured or sick employee.
  • Advising in relation to the general protection provisions in the Fair Work Act and to minimise the risk of an adverse action claim;
  • Advising on the risks of a breach of contract claim at common law


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