An Immediate Termination Without Notice document is used in Australian workplaces when an employee's conduct or performance constitutes serious misconduct warranting immediate dismissal. This document must comply with the Fair Work Act 2009 and related Australian employment legislation, ensuring the termination process is legally sound and properly documented. It is typically used in cases of theft, fraud, violence, serious safety breaches, or other grave violations of employment terms. The document includes specific details about the termination grounds, legal basis, final entitlements, and post-employment obligations. It requires careful preparation to minimize legal risks and ensure compliance with Australian unfair dismissal laws.
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1. Recipient Details: Full name, position, and address of the employee being terminated
2. Date: Date of the termination letter and effective termination date
3. Subject Line: Clear indication that this is a termination of employment notice
4. Grounds for Termination: Specific reason(s) for immediate termination, citing relevant serious misconduct or breach
5. Legal Basis: Reference to relevant employment contract clauses and/or legislative provisions supporting immediate termination
6. Immediate Effect Statement: Clear statement that employment is terminated effective immediately
7. Final Entitlements: Details of final pay, including accrued entitlements and their calculation
8. Company Property: List of company property to be returned and process for return
9. Confidentiality Obligations: Reminder of ongoing confidentiality obligations post-employment
10. Signature Block: Authorizing officer's name, position, and signature
1. Prior Warnings: Include if there were previous documented warnings or disciplinary actions
2. Investigation Findings: Include if an investigation was conducted prior to termination
3. Post-Employment Restrictions: Include if there are non-compete or non-solicitation clauses to be enforced
4. Employee Assistance Program: Include if company offers support services to terminated employees
5. Legal Review Rights: Include if specific information about appeal rights needs to be communicated
6. Reference Policy: Include statement about company's policy on providing future references
1. Schedule A - Incident Report: Detailed documentation of the incident(s) leading to termination
2. Schedule B - Evidence Summary: Summary of evidence supporting the termination decision
3. Schedule C - Final Payment Calculation: Detailed breakdown of final payment including all entitlements
4. Schedule D - Company Property Register: Itemized list of company property to be returned
5. Appendix 1 - Relevant Policies: Copies of relevant workplace policies that were breached
6. Appendix 2 - Employment Contract Extract: Relevant sections of employment contract supporting termination
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