What makes a show-cause letter procedurally fair?

The Fair Work Commission tests a later dismissal against section 387 of the Fair Work Act 2009. For the show-cause stage that means: each allegation is particularised (what happened, when, where, who was involved) so the employee knows exactly what to answer; the letter puts allegations without making findings or prejudging the outcome; the employee gets a genuine opportunity to respond before any decision (s.387(b)-(c)); and a support person is not unreasonably refused at any discussion (s.387(d)). A letter that announces the outcome, or alleges vague 'inappropriate conduct' with no detail, undermines the whole process.

What should each allegation include?

Enough particulars for the employee to actually respond: what is alleged to have happened, when (dates and, where relevant, times), where, and who was involved or witnessed it. One allegation per numbered item — do not roll several incidents into one vague allegation. If the employee asks for more detail, provide it where available; refusing reasonable requests for particulars weakens the fairness of the process.

How long should I give the employee to respond?

There is no fixed number in the Fair Work Act — the test is whether the employee had a genuine opportunity to respond. As a guide, 2-5 business days suits most matters, with longer for complex allegations, multiple allegations, or where the employee needs documents or advice to respond. Unreasonably short windows (such as 24 hours to answer serious allegations) are a common reason processes are criticised. If the employee asks for more time, granting a reasonable extension is usually the safer course and this template invites them to ask.

Can I suspend the employee while I investigate?

Generally yes, on full pay, as a neutral step pending the outcome — suspension on pay is a standard way to manage serious allegations without prejudging them. Check the applicable award, enterprise agreement, and the employment contract first: unpaid suspension is generally only available where an instrument or the contract expressly allows it, and some instruments set conditions on suspension. Make clear in writing that the suspension is not a disciplinary outcome.

What happens if the employee doesn't respond?

If the deadline passes with no response and no request for an extension, you can generally make a decision on the information available — but first confirm the employee actually received the letter, and consider a short follow-up or extension, especially if they are absent or unwell. Document each step. A decision made after a genuine, documented opportunity to respond is far more defensible than one made after a single unanswered letter.

Do small businesses need a show-cause letter?

Small business employers (fewer than 15 employees) are assessed against the Small Business Fair Dismissal Code. For dismissals other than summary dismissal, the Code expects a valid reason, a warning that the employee is at risk of dismissal, and an opportunity to respond and improve — and it allows the employee to have another person present in discussions. A show-cause letter is strong written evidence that you gave that opportunity, so while the Code does not prescribe a letter, using one is the practical way to show compliance.

Show Cause Letter Template (Australia 2026)

Free template for employers putting allegations to an employee and asking them to show cause. Numbered particularised allegations, fair response window, support person offer, optional suspension on full pay. Cites the Fair Work Act 2009. Not legal advice.

Last verified: 21 May 2026

A defensible show-cause letter particularises every allegation (what, when, where), makes no findings, states the possible outcomes without prejudging, gives a genuine window to respond, and offers a support person. This template covers all of these.

Sender (manager)

Sender nameSender titlee.g. Operations Manager, HR ManagerCompany name

Recipient (employee)

Employee namePosition

Allegations

Allegations — one per lineEach line becomes a numbered allegation. Particularise every one: what happened, when, and where. Vague allegations ('inappropriate behaviour') deny the employee a genuine opportunity to respond.Date(s) of the alleged conducte.g. 14 and 15 July 2026, or 'between 1 and 30 June 2026'

Response window

Response deadline (business days)Default 3. Unreasonably short windows (e.g. 24 hours for serious allegations) undermine procedural fairness — give a genuine opportunity to respond, and extend on request.Response format

Process options

Offer a support person at any meeting (recommended — Fair Work Act s.387(d))Suspend the employee on full pay pending the outcome (check the award, enterprise agreement, and contract before suspending)

Why show-cause processes fail at the FWC

When a dismissal is challenged, the Fair Work Commission examines the process under section 387 of the Fair Work Act 2009. The most common ways the show-cause stage lets employers down:

Vague allegations. "Inappropriate behaviour" or "poor attitude" with no dates, places, or examples gives the employee nothing concrete to answer.
Prejudging the outcome. Letters that read as if the decision is already made — or decisions issued before the response deadline — show the opportunity to respond was not genuine.
Unreasonably short deadlines. 24 hours to answer career-ending allegations is not a genuine opportunity to respond.
Refusing particulars. If the employee reasonably asks for the detail behind an allegation and gets none, the fairness of the process suffers.
Refusing a support person. Unreasonably refusing a support person at related discussions is an express s.387(d) factor.
Ignoring the response. A response that is filed but never weighed, or follow-up points never checked, suggests the process was theatre.
Unpaid suspension without authority. Suspending without pay when no award, agreement, or contract term allows it creates a separate underpayment problem.

Expect a considered reply

Employees who receive a show-cause letter often respond using a template like our Show Cause Response Letter — typically requesting the particulars and evidence behind each allegation, asking for more time, and reserving their rights without admitting anything. A letter that already particularises every allegation and offers a fair window answers most of that on day one.

Unfair Dismissal in Australia: How to Know If You Have a Case

Was your dismissal unfair? Learn the eligibility rules, 21-day deadline, high income threshold ($190,100), remedies, and how to apply to the Fair Work Commission.

Unfair Dismissal Australia — Can I Claim? Full Guide (2026)

Everything you need to know about unfair dismissal in Australia. Eligibility, how to lodge a claim with the Fair Work Commission, time limits, remedies, and what to expect.

Unfair Dismissal Australia: Time Limits, Eligibility & How to Claim

Complete guide to unfair dismissal claims in Australia. Covers eligibility requirements, the strict 21-day time limit, the Fair Work Commission process, remedies including reinstatement and compensation, and the small business fair dismissal code.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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