A Dismissal Letter For Poor Performance is a crucial document in Australian employment law that formalizes the termination of employment following unsatisfactory performance. It is used when an employee has failed to meet required performance standards despite being given reasonable opportunity to improve through a structured performance management process. The document must comply with the Fair Work Act 2009 and demonstrate procedural fairness to minimize the risk of unfair dismissal claims. It should only be issued after proper performance management procedures have been followed, including formal warnings and documented improvement plans. The letter serves multiple purposes: it officially terminates employment, documents the reasons for termination, outlines the notice period and final entitlements, and creates a record of the organization's fair and lawful handling of the termination process.
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1. Date and Address Block: Formal business letter heading including date, employee's full name and address
2. Subject Line: Clear indication that this is a termination of employment notice
3. Opening Statement: Direct statement confirming the termination decision and effective date
4. Performance Issues Summary: Brief outline of the specific performance issues that led to this decision
5. Previous Actions Taken: Summary of performance improvement plans, warnings, and support provided
6. Notice Period: Details of the notice period or payment in lieu of notice
7. Final Payment Details: Information about final salary, accrued leave, and other entitlements
8. Return of Company Property: List of items to be returned and process for return
9. Closing Statement: Professional conclusion including contact details for queries
1. Gardening Leave: Include when the employee is not required to work during the notice period but remains employed
2. Post-Employment Restrictions: Reference to existing confidentiality, non-compete, or other ongoing obligations
3. Outplacement Support: Details of any career transition services being offered
4. Medical Insurance Extension: Information about continued health benefits if applicable
5. Reference Provision: Details about the type of reference that will be provided
6. Settlement Agreement Option: When offering a settlement agreement in exchange for waiving claims
1. Performance Improvement Plan History: Chronological list of performance improvement initiatives and outcomes
2. Warning Letters: Copies of formal warning letters issued
3. Meeting Minutes: Records of performance review meetings and discussions
4. Final Payment Calculation: Detailed breakdown of final payment including all entitlements
5. Company Property Checklist: Itemized list of company assets to be returned
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