Termination without tears video

Citation Group published a webinar, “Termination without tears,” on September 2, 2026, pitching Australian employers and HR leaders a framework for ending employment “in a way that’s fair and legally sound.” The YouTube listing says unfair dismissal is the most common claim lodged with the Fair Work Commission and says “the bar for getting a termination right has never been higher.” The companion webinar page says the session covered the Fair Work Act test for unfair dismissal, the rise in AI-assisted claims, and how to turn a documented process into a termination decision that can withstand challenge. ### Why does the video focus on process before the termination meeting? The Citation Group page says the webinar was built around “the real Unfair Dismissal test,” “Fair vs Unfair Dismissal,” and “a defensible exit.” The page names Mark Stewart, business development manager, and Tuvini Jayakody, workplace relations business partner, as presenters. It frames termination risk as a matter of preparation, documentation and legal process rather than only the final dismissal conversation. (youtube.com) The Fair Work Commission says an employee is entitled to both substantive and procedural fairness in a dismissal. The Commission says substantive fairness concerns whether the grounds for dismissal are fair, while procedural fairness concerns whether the process leading to the dismissal was just. ### What does the Fair Work Commission actually test in an unfair dismissal case? (citationgroup.com.au) The Fair Work Commission says a dismissal is unfair if it is harsh, unjust or unreasonable, is not consistent with the Small Business Fair Dismissal Code where that code applies, and is not a case of genuine redundancy. The Commission’s benchbook says it is an online resource for people preparing or responding to unfair dismissal applications and includes case examples showing how the Fair Work Act 2009 may apply. (fwc.gov.au) The Fair Work Ombudsman says the Commission considers whether there was a valid reason related to capacity or conduct, whether the employee was notified of that reason, whether the employee had an opportunity to respond, whether a support person was unreasonably refused, and whether the employee had been warned about unsatisfactory performance. The Ombudsman also says employers must follow rules on notice and final pay when employment ends. (fwc.gov.au) ### Why separate misconduct from performance or capability? The Fair Work Commission distinguishes dismissals tied to conduct from those tied to capacity. That distinction matters because the Commission tests whether the reason for dismissal was valid and whether the employee was told the reason and allowed to answer it. A performance matter usually raises questions about prior warnings and whether the employee understood expectations, while a misconduct matter raises questions about investigation and response. (fairwork.gov.au) The webinar description does not publish a full transcript, but its promise of a “documented process” aligns with those Commission factors. The Citation Group page also says the session addressed how a fair dismissal can become an unfair one, indicating the emphasis was on execution as much as underlying reason. ### Where do awards, enterprise agreements and small-business rules fit? (fwc.gov.au) The Fair Work Commission says it creates awards, approves enterprise agreements and deals with termination-related matters. That matters because dismissal steps can sit alongside award or enterprise agreement obligations, especially in consultation, disciplinary process and notice. The Commission also says small business employers are judged against the Small Business Fair Dismissal Code when the code applies. (citationgroup.com.au) Its guidance says a dismissal is consistent with the code only if the employer was a small business employer at the relevant time and complied with the code in relation to the dismissal. ### Why does the webinar mention AI-assisted claims? (youtube.com) Citation Group’s webinar page says one topic was “The rise in AI claims” and “how AI has made claims skyrocket, and how employers can be prepared.” The page does not quantify that rise, but it presents it as part of the current risk environment for employers handling dismissals. The Fair Work Commission’s public materials show unfair dismissal remains a core part of its education and casework. (fwc.gov.au) Its YouTube channel includes explainer videos on unfair dismissal, conciliation and hearings, underscoring that disputes over job loss remain a central part of the tribunal’s work. ### What should readers watch next? The September 2, 2026 webinar remains listed on YouTube and on Citation Group’s resource page. (citationgroup.com.au) Readers checking the claims in the presentation against primary sources can use the Fair Work Commission’s unfair dismissals benchbook, the Commission’s unfair dismissal overview pages, and the Fair Work Ombudsman’s ending-employment guidance for notice, final pay and dismissal rules. (youtube.com 1) (youtube.com 2)