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Terminating an employee's employment ('termination') is also called 'dismissing' or 'sacking' an employee. Termination is stressful for all concerned and involves legal obligations and requirements.
If you are thinking about termination, your organisation must consider:
- whether termination is appropriate, and why
- how to terminate fairly, and
- how to terminate lawfully.
The information on this page is designed to highlight the main legal issues that arise in termination of employment so that your organisation is fair to everyone, acts legally, and reduces its chances of an unfair dismissal claim being made against it.
For more information about termination go to the Fair Work Ombudsman.
The below fact sheet includes information regarding:
- considerations before terminating an employee
- lawful termination and unfair dismissal
- redundancy and redundancy payments, and
- notice obligations
If an employee resigns then legal issues can arise if you miss essential steps.
Resignation is not usually a hot spot for legal issues in employment, but here are some steps to follow to try to make sure legal problems don't arise for you. The fact sheet contains information regarding:
- written acknowledgement
- notice requirements, and
- final pay and exit procedures.