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Employers and HR practitioners continue to make some avoidable mistakes after dismissing employees, which increase their likelihood of losing claims in the Fair Work Commission, a workplace lawyer says.

Dentons partner and accredited specialist in workplace relations Paul O'Halloran's broad advice is that "every time you terminate the employment of somebody without a release agreement, you probably should expect that they might file a claim in the Fair Work Commission".

Failing to create contemporaneous documentary evidence in the period leading up to a termination is one of the most common flaws that undermines an employer's ability to defend a claim, he tells a new HR Daily Premium webcast.

But when that ship has sailed, other mistakes remain common. For example, when initially providing a written response to a claim filed in the Commission, O'Halloran says "the biggest mistake" many HR practitioners make is to include too much information...