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.
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.
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.
|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|
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.