This document is a letter of termination to be used in circumstances where the employee has engaged in serious misconduct. The letter provides for termination without notice to the employee.
If you need a letter to terminate employment due to performance issues instead of serious misconduct, there is a separate precedent available (“Letter of termination (for poor performance, with notice)”).
When using this precedent
Where an employer is faced with allegations that an employee may be guilty of serious misconduct it might be wise to suspend the employee while an investigation takes place. During this time the employee should receive normal remuneration as he or she has not been found guilty of serious misconduct. Given the serious nature of the allegations, the investigation should be conducted as quickly as possible. If the investigation finds the employee guilty of serious misconduct, the employer is entitled to dismiss the employee without notice of termination or without payment in lieu of notice in most circumstances.
This document has been authored for Lexis Nexis by Elise Margow, Principal, Legally Speaking.
This document is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.