See Fair Work Act 2009 s.387(c)
An employee must be notified of the reason for termination and must also be given an opportunity to respond to that reason before the decision to terminate is made.
This process does not require any formality and is to be applied in a common sense way to ensure the employee has been treated fairly.
'Where the employee is aware of the precise nature of the employer's concern about his or her conduct or performance and has a full opportunity to respond to this concern, this is enough to satisfy the requirements of this section.'
For the Fair Work Commission to have regard to whether an employee has been given an opportunity to respond to the reason for dismissal, there needs to be a finding that there is a valid reason for dismissal.
In Wadey v YMCA Canberra Moore J stated the following principle about the right of an employee to appropriately defend allegations made by the employer: