Show Cause Notices: Expert Advice to Protect Employee Rights in Brisbane

Employment Law: 27 November 2025

Author: Aaron Stewart - Our People

Receiving a show cause notice at work can be one of the most stressful and confusing experiences for an employee. A show cause notice is issued when an employer requires an employee to explain or justify their conduct before any disciplinary action, including termination, is considered. Handling this process incorrectly can have serious consequences, which is why seeking expert guidance is crucial.

Aaron Stewart, an experienced employment law adviser at Aitken Partners Brisbane, has helped numerous clients successfully navigate show cause notices, achieving excellent outcomes by ensuring that their rights are fully protected. His extensive experience in workplace law means clients receive practical, strategic advice tailored to their situation.

What is a Show Cause Notice?

A show cause letter is not just a formality. It is a legal opportunity for an employee to provide their side of the story before any disciplinary decision is made. Properly responding to a show cause notice can prevent unfair termination, reduce penalties, or provide context that mitigates the consequences of alleged misconduct.

Why Procedural Fairness is Critical

Employers are required under employment law to act fairly and provide procedural fairness. This means:

• Decisions cannot be made before the employee has a genuine opportunity to respond.
• Employees must be given sufficient details of the allegations to provide a meaningful reply.
• Employers must consider the employee’s response impartially, without pre-determining the outcome.

Failure to follow these principles can render a dismissal or disciplinary decision unlawful or unfair.

Case Example: Stephen Burley v Cleanaway Operations Pty Ltd ([2022] FWC 3055)

A clear example of the importance of procedural fairness is the case of Stephen Burley v Cleanaway Operations Pty Ltd. The employee faced serious misconduct allegations, but the Fair Work Commission found that the employer had failed to conduct the show cause process properly. As a result, the dismissal was deemed unfair.

This case demonstrates that even when allegations are serious, employees who respond appropriately and receive expert guidance have a real chance to protect their employment rights. It also highlights the importance of procedural fairness in all workplace disciplinary matters.

How Aitken Partners Brisbane Can Assist

Employees who receive a show cause notice often feel uncertain about how to respond. The team at Aitken Partners Brisbane provides expert advice and representation to ensure employees’ rights are protected. Services include:

• Reviewing the show cause notice and underlying allegations.
• Providing guidance on how to draft a persuasive and legally sound response.
• Advising on procedural fairness and ensuring the employer follows the correct process.
• Assisting in mitigating potential workplace consequences, including avoiding termination or negotiating outcomes.

Protect Your Rights Today

If you have received a show cause notice, it is essential to act promptly. Properly responding can have a significant impact on the outcome and protect your rights under employment law.

Contact Aitken Partners Brisbane today to speak with Aaron Stewart and the expert employment law team. With their guidance, you can respond confidently to a show cause notice and ensure your workplace rights are fully protected.