But summary dismissal is not a free pass for employers. Even a dismissal for serious misconduct can be found unfair. If it happened to you, a short call will tell you whether you have a case. Call 1800 UNFAIR (1800 863 247). The first call is free, with no obligation.
When summary dismissal is allowed
An employer can dismiss without notice where an employee's conduct is serious enough to justify immediate dismissal. Serious misconduct can include things like theft, fraud, violence, or a serious breach of workplace health and safety.
But the employer cannot just assert it. They generally need to show they genuinely held that belief, that the conduct was serious, and that it justified immediate dismissal, and that they had reasonable grounds for that belief, usually backed by some form of inquiry or investigation.
Why a summary dismissal can still be unfair
This is the part employers often get wrong.
The punishment has to fit the conduct. A dismissal can be found harsh where the outcome is out of proportion to what actually happened. Instant dismissal for a genuinely minor issue can be unfair even if you did technically do the thing.
They have to get the process right. In most cases you should be told the reason, and given a real chance to respond, before the decision is made. Walking someone out without hearing their side is a common flaw.
They have to actually investigate. An employer who jumps to instant dismissal on a shaky assumption, without a reasonable investigation, may not be able to defend it.
The Commission looks at whether there was a valid reason, whether you were told about it, whether you got to respond, and whether the whole thing was fair in the circumstances. A summary dismissal that skips those steps is vulnerable, even where the employer was convinced they were right.
Small business is a bit different
If your employer had fewer than 15 employees, a separate set of rules called the Small Business Fair Dismissal Code applies, and the test is framed slightly differently. If that is your situation, see our page on small business dismissals, and give us a call.
The 21 day deadline
You generally have 21 days from the day the dismissal took effect to lodge an unfair dismissal claim. Being marched out on the spot does not stop that clock. If anything, summary dismissals need acting on quickly because they often happen with no warning at all.
Get a straight answer
Whether a summary dismissal will hold up depends on what you are said to have done, whether the employer investigated properly, and whether you got a fair process. That is hard to judge from the inside, especially when you have just been accused of something serious.
A short call will tell you where you stand.
Call 1800 UNFAIR (1800 863 247). The first call is free and there is no obligation. Monday to Friday 9am to 9pm, weekends 9am to 5pm.
We are paid agents, not lawyers. We represent employees at the Fair Work Commission and we will tell you honestly whether it is worth pursuing.