The Dismissal Letter For Absenteeism is a crucial document in Australian employment law, used when terminating an employee's employment due to unauthorized or excessive absences from work. It is typically issued after a series of documented warnings and attempts to address attendance issues through performance management processes. The letter must comply with the Fair Work Act 2009 and demonstrate procedural fairness to minimize the risk of unfair dismissal claims. This document should only be used when there is clear evidence of persistent absenteeism, previous warnings have been issued, and reasonable opportunities for improvement have been provided. The letter forms part of the official employment record and may be crucial in defending any subsequent legal challenges to the termination.
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1. Header Details: Company letterhead, date, employee details, and reference number
2. Formal Address: Employee's full name and address
3. Subject Line: Clear indication that this is a termination of employment notice
4. Notice of Termination: Clear statement of employment termination and effective date
5. Reason for Termination: Specific details about the absenteeism pattern and breach of attendance policies
6. Previous Communications: Reference to prior warnings, meetings, and opportunities given to improve attendance
7. Notice Period Details: Information about notice period or payment in lieu of notice
8. Final Payment Information: Details of final pay, including outstanding wages, leave entitlements, and other benefits
9. Return of Company Property: List of company items to be returned and process for return
10. Closing Statement: Formal closing and signature block
1. Performance Improvement Initiatives: Include if specific support or accommodations were provided to address attendance issues
2. Medical Certificate Requirements: Include if termination involves disputed medical certificates or medical-related absences
3. Confidentiality Reminder: Include if employee had access to sensitive information
4. Post-Employment Restrictions: Include if there are relevant non-compete or non-solicitation clauses
5. Appeal Process: Include if company policy provides internal appeal procedures
6. Employee Assistance Program: Include if company offers post-employment counseling or support services
1. Attendance Record: Detailed record of unauthorized absences and late arrivals
2. Warning Letters: Copies of previous formal warnings regarding attendance
3. Meeting Minutes: Records of discussions about attendance issues
4. Final Payment Calculation: Detailed breakdown of final payment including all entitlements
5. Company Property Checklist: List of company items to be returned with acknowledgment form
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