Ending employment in disability care must be handled with care. Improper terminations can trigger adverse action, discrimination, or unfair dismissal claims.

1. Check the Type of Employment

Casual employees: Have fewer entitlements but may still claim unfair dismissal if they work regular, ongoing hours.

Fixed-term contracts: Must clearly state the end date and not imply permanent employment.

2. Have a Valid Reason

Legitimate reasons include:

• Serious misconduct (e.g., abuse, neglect)
• Ongoing underperformance (after warnings)
• Redundancy (if the role is no longer required)

Avoid terminating based on complaints alone. Investigate and document findings.

3. Follow Procedural Fairness

• Issue a show cause letter
• Allow the employee to respond
• Provide written notice (or payment in lieu)
• Offer a support person in meetings

4. Notify Relevant Authorities

Some terminations (especially for misconduct) may need to be reported to the NDIS Quality and Safeguards Commission.

Unsure how to exit an employee lawfully? Book a call with Karen for guidance

Sources:
Fair Work Ombudsman: Ending employment
NDIS Commission: Reportable Incidents and Worker Screening