Employment Law – Termination of employment & unfair dismissal

If you can demonstrate that the termination of your employment was 'harsh, unjust or unreasonable', you may also retain the right to bring 'unfair dismissal' proceedings. Unfair dismissal laws are in the process of being changed following the election of the Rudd Government. The new laws will give employees greater access to protection from unfair dismissal.

What if my employment is terminated?

Most written employment contracts will include a clause about termination of employment, including notice periods. Many standard contracts provide for only four weeks' notice regardless of length of service. In certain cases, longer notice period can be negotiated.

You may be entitled to a notice payment from your employer under your contract.  If your employment contract doesn’t provide for termination by notice, then you will ordinarily be entitled to “reasonable notice”.  The notice you are entitled to in those circumstances will depend upon a number of factors, such as:

• your age
• your length of service
• your seniority
• your qualifications and experience

Sometimes employers will seek to pay out an employee, rather than allow them to work the agreed notice period. In some cases, employees are entitled to have these payments calculated on the basis of the employee's total remuneration package, not just their cash salary.

Redundancy Pay

You are not entitled to redundancy pay simply because your employment ends. You will only be 'redundant' where your job no longer exists because of an economic, technological or structural reason, such as your employer closing the business or reducing employees because of new technology.

You will only be entitled to redundancy pay if there is:

• an award
• an Australian Workplace Agreement (AWA) or other statutory agreement
• an enterprise agreement
• a contract of employment or
• a policy which makes specific provision for you to be paid redundancy benefits.

New laws have been proposed that extend redundancy rights to most Australian employees. These laws are not yet in force.

We are an independent legal referral service. We have access to specialist Employment Lawyers who can advise you of your rights. Complete the Contact Form to find out more.