Misconduct (e.g., breach of policies, insubordination, repeated lateness) can be a valid reason for dismissal, but the employer must still follow a fair process including investigation and opportunity to respond.
Last verified: 21 May 2026Misconduct (e.g., breach of policies, insubordination, repeated lateness) can be a valid reason for dismissal, but the employer must still follow a fair process including investigation and opportunity to respond.
Dismissal for misconduct is unfair if the employer did not conduct a proper investigation, did not put the allegations to the employee and give them a chance to respond, or if the punishment was disproportionate to the conduct. Summary dismissal (without notice) is only appropriate for serious misconduct.
If the misconduct allegations are a pretext for dismissing you because you exercised a workplace right (e.g., making a complaint, taking leave), general protections claims may apply under Part 3-1 of the Fair Work Act.
The employer must: (1) investigate the alleged misconduct thoroughly, (2) put the specific allegations to the employee in writing, (3) give the employee a reasonable opportunity to respond, (4) allow the employee to have a support person present at any meetings, (5) genuinely consider the employee's response before making a decision, and (6) consider alternatives to dismissal such as a warning.
In Crozier v Palazzo Corporation (2000), the Full Bench established that procedural fairness requires the employee to be given a genuine opportunity to respond to allegations. Many misconduct dismissals are overturned due to inadequate investigation or failure to allow a response.
21 days
From the date your dismissal takes effect. Strictly enforced.
26 weeks’ pay
For unfair dismissal claims. General protections claims have no cap.
Misconduct can be a valid reason for dismissal under the Fair Work Act, but the employer must follow a proper process including investigation, warnings (where appropriate), and giving the employee a chance to respond. Failure to follow a fair process can make the dismissal unfair even if the reason is valid.
Yes, provided you meet the eligibility requirements: you must have completed the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($183,100) unless covered by an award or enterprise agreement. You must lodge within 21 days.
Unfair dismissal focuses on whether the dismissal was harsh, unjust, or unreasonable (capped compensation at 26 weeks' pay). General protections claims apply when dismissal is for a prohibited reason such as discrimination, exercising a workplace right, or union activity. General protections have no compensation cap and the employer bears the reverse onus of proof.
You have 21 calendar days from the date your dismissal takes effect to lodge an application with the Fair Work Commission. This deadline is strictly enforced and extensions are only granted in exceptional circumstances.
The FWC can order reinstatement (getting your job back) or compensation of up to 26 weeks' pay. The amount depends on factors including how long you worked there, your remuneration, efforts to find new employment, and any misconduct that contributed to the dismissal.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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