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Termination of employment

An employment relationship can end for a number of reasons. However it ends, as an employer, you must have a clear understanding of your legal obligations when terminating an employee. 

Reasons for dismissal

If terminating an employee's employment, you should consider whether there is a 'valid reason' to terminate the employment relationship.

A valid reason may relate to either the employee's capacity or conduct.

Principles for procedural fairness

An employee should always be afforded procedural fairness before you exercise your right to terminate the employment relationship.

For example, an employee should be given an opportunity to explain their conduct or behaviour before any decision is made in relation to their continuing employment. 

How much notice?

If you decide to terminate an employee's employment, you must give written notice of termination. The purpose of notice is to give the employee time to seek another job.
 
The minimum amount of notice an employer is required to provide to an employee is based on the employee's length of service:
 
Period of continuous service  Minimum notice period 
1 year or less 1 week
More than 1 year but less than 3 years 2 weeks
More than 3 years but less than 5 years 3 weeks
More than 5 years 4 weeks
 
An employee is entitled to an extra week of notice if they are over 45 years old and have worked for you for at least 2 years.
 

How we can help

Rochforts has workplace relations advisors to provide guidance on compliance with the Fair Work Act 2009 (Cth) to reduce the risk of any potential disputes or claims being made by employees.

Should a claim arise and you require representation, our advocates have a proven track record of achieving optimal outcomes. We pride ourselves on being able to resolve termination disputes in a cost-effective manner and prior to the matter going to hearing.

We also assist with calculation of the correct entitlements, including payment for notice of termination and accrued annual leave, as well as long service leave or redundancy pay, if applicable. 

Get the right advice for your business. Contact us today for a free initial consultation!

 (02) 9810 4191