What is summary dismissal?
Summary dismissal is termination without notice for serious misconduct, but the employer must still follow a fair process before deciding.
Summary dismissal is when an employer ends employment immediately, without notice or pay in lieu of notice, because of serious misconduct. Serious misconduct can include theft, fraud, assault, serious safety breaches, or conduct that seriously damages the employer's interests or the employment relationship.
Even when misconduct is serious, the employer must still act fairly. That means properly investigating the allegations, telling the employee what they are accused of, and giving them a genuine chance to respond before deciding. Dismissing on the spot without a fair process can still be found to be an unfair dismissal.
Key facts
- •It is dismissal without notice or pay in lieu of notice
- •It is only justified where there is genuine serious misconduct
- •Serious misconduct includes theft, fraud, assault, and serious safety breaches
- •The employer must still follow a fair process before deciding
- •An unfair dismissal application must usually be lodged within 21 days
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Unfair Dismissal CheckerFrequently asked questions
Can I be sacked on the spot without notice?
Only for serious misconduct. Even then, your employer should investigate, tell you what you are accused of, and let you respond before deciding. Skipping that fair process can make the dismissal unfair.
Do I get paid out if I am summarily dismissed?
You are not entitled to notice or pay in lieu of notice if the summary dismissal is valid. However, you must still be paid for hours already worked and any accrued annual leave.
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