TERMINATION OF EMPLOYMENT & DISMISSAL KNOWLEDGE BASE
TERMINATION OF EMPLOYMENT & DISMISSAL
Terminating an employee is never an easy decision, no matter what the reason. When terminating an employee processes must be followed to ensure that a business remains compliant with The Fair Work Act. Our termination of employment & dismissal knowledge base resources provide guidance to aid with informed decision making.
ABANDONMENT OF EMPLOYMENT
An issue which sometimes arises in the workplace is where an employee appears to have abandoned their employment. In other words, the employee has been absent from work for a significant period of time and has not contacted the employer to provide a reason for the… READ MORE
UNLAWFUL TERMINATION
Regardless of how you handle a termination, it is not possible to prevent a disgruntled ex-employee from lodging an unfair dismissal claim against you but it is important to remember certain prohibited reasons that can never be used as the basis for terminating a contract of employment.… READ MORE
RESIGNATION OF EMPLOYMENT
Resignation refers to an employee’s voluntary decision to leave a position or job. The critical element is that the exercise has to be voluntary to be a genuine resignation…. READ MORE
INSTANT DISMISSAL FOR SERIOUS MISCONDUCT
Summary dismissal means instant dismissal or dismissal without notice. Serious and wilful misconduct arises when an employee does (or neglects to do) something that clearly indicates the employee no longer intends to be bound by the contract of employment. An employer should investigate an allegation… READ MORE
DISMISSAL FOLLOWING WARNINGS
There is no set number of warnings that must be given to an employee about unsatisfactory performance or conduct, but there should be at least one warning of possible dismissal, including instructions for improvement of work performance or conduct, and a set time for a review of performance or conduct.… READ MORE
TERMINATION OF EMPLOYMENT
Dismissing an employee can take a number of forms, and there are a number of matters that an employer needs to consider before making a decision to dismiss an employee. These include the amount of notice required, award and legislative requirements, the terms and conditions in the contract of employment and… READ MORE
REDUNDANCY
Redundancy occurs when the work performed by an employee is no longer necessary because of an economic downturn affecting the business, technological change, company merger, restructuring, and changes to operational methods. Redundancy does not result from any factors arising from… READ MORE
UNFAIR DISMISSAL
An unfair dismissal occurs where an employee makes an unfair dismissal application and the Fair Work Commission finds that… READ MORE
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