How A Misconduct Dismissal Should Unfold
A fair process for misconduct usually follows a recognisable sequence of steps.
What Does A Fair Misconduct Dismissal Process Look Like?
Most fair processes follow a recognisable order: an allegation, a chance to respond, some form of inquiry, then a decision.
It typically starts with a show-cause letter, asking you to explain your side of the allegation before anything else happens.
From there, many employers hold a domestic inquiry, an internal hearing where evidence is presented and you can respond to it directly.
The employer still carries the burden of proving just cause for the dismissal, whatever process was actually followed 1.
Where This Process Most Often Breaks Down
A dismissal that skips the show-cause letter entirely removes your first real chance to give your side of events.
A dismissal with no inquiry at all, or one where you were not allowed to respond to the evidence, is one of the stronger points a case can raise.
Suspension during the process is common and not automatically a problem, though how it was handled is still worth reviewing.
Each missing step does not automatically win a case on its own, but together they build a picture of how fair the process really was.
What To Do If You Were Dismissed For Misconduct
Write down each step that actually happened, in order, with dates.
Note anything that should have happened but did not, such as a missing hearing or a missing chance to respond.
Read about how to reply to a show-cause letter if you are still early in this process.
Confirm your filing deadline with a deadline calculator, since the same 60 day window applies here too 2.
It also helps to keep the allegation and the process separate in your own mind while you review what happened.
The allegation itself might turn out to be accurate in part, inaccurate, or somewhere in between, and that is a different question from whether the process used to decide it was fair.
Even where some of the allegation holds up, a process that skipped steps or denied you a fair chance to respond remains worth challenging on its own terms.
Keeping these two threads distinct in your written account makes it much easier for anyone reviewing your case to follow your reasoning.
A missing step early in the process tends to affect everything that follows it.
That is exactly why it is worth flagging as soon as you notice it.
Walking through the exact sequence your employer followed, step by step, with an employment lawyer is the clearest way to spot where it went wrong.
Common questions
What is the usual first step in a misconduct process?
Most fair processes start with a show-cause letter, asking you to explain your side before any decision is made. If dismissal happened without that first step, record it clearly in your account of events.
Is a hearing always required before dismissal for misconduct?
Some form of hearing or inquiry is expected for a fair process, though the format can vary between employers. A dismissal with no opportunity to respond at all is one of the stronger points worth raising.
Can I be suspended while the process runs?
Suspension during an inquiry is common and not automatically unfair on its own. What matters is whether it was reasonable in the circumstances and whether pay during the suspension followed your contract terms.
Does the seriousness of the allegation change the process?
It can affect how quickly things move and how serious the consequences are, but it does not remove the expectation of a reasonably fair process. Even serious allegations are expected to be tested before a final decision.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
Keep reading
Walking through the exact sequence your employer followed, step by step, with an employment lawyer is the clearest way to spot where it went wrong.