The Termination Letter After Investigation is a crucial document in Australian employment law that formally concludes both an investigation process and an employment relationship. It is used when an employer has conducted a formal investigation into workplace incidents, misconduct, or performance issues, and has decided to terminate employment based on the investigation findings. The letter must be carefully drafted to ensure compliance with the Fair Work Act 2009 and other relevant Australian employment legislation, demonstrating that procedural fairness was followed throughout the investigation and termination process. This document typically includes details of the investigation process, findings, reasons for termination, notice periods, final entitlements, and any post-employment obligations. It serves as both a formal record of the termination decision and a key document in defending against potential unfair dismissal claims.
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1. Recipient Details and Date: Full name, address and date of the letter
2. Subject Line: Clear indication that this is a termination of employment letter
3. Investigation Reference: Reference to the investigation process, including dates and subject matter
4. Summary of Investigation Findings: Brief overview of the key findings from the investigation that led to the termination decision
5. Termination Decision: Clear statement of the decision to terminate employment and the effective date
6. Reasons for Termination: Specific grounds for termination linked to the investigation findings and relevant policies/procedures
7. Notice Period and Final Pay: Details of notice period (or payment in lieu) and final pay calculation
8. Return of Company Property: List of company property to be returned and process for return
9. Confidentiality Obligations: Reminder of ongoing confidentiality obligations post-employment
10. Closing and Signature: Formal closing, contact details for queries, and authorized signatory details
1. Post-Employment Restrictions: Include when there are specific non-compete or non-solicitation clauses to reference
2. Employee Assistance Program: Include when the organization offers post-employment counseling or support services
3. Appeal Process: Include when internal appeal processes are available to the employee
4. References: Include when specifying the company's position on providing future references
5. Outstanding Grievances: Include when there are pending grievances that need to be addressed
6. Outplacement Support: Include when the organization is offering career transition services
1. Schedule A - Final Pay Calculation: Detailed breakdown of final pay including salary, leave entitlements, and any deductions
2. Schedule B - Investigation Summary: Detailed summary of the investigation process, meetings, and key evidence considered
3. Schedule C - Company Property Register: Itemized list of company property to be returned
4. Schedule D - Relevant Policies: Copies or extracts of workplace policies relied upon in making the termination decision
5. Schedule E - Meeting Records: Summary of relevant meetings held during the investigation process, including show cause meetings
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