Not-for-profit Law
Legal help for community organisations

Termination and Resignation

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Termination

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 highlights 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

Resignation

Your organisation may face legal issues if you miss essential steps when an employee resigns.

Resignation is not usually a hot spot for legal issues in employment, but here are some steps to help you avoid legal difficulties when an employee resigns. The fact sheet contains information about:

  • written acknowledgement
  • notice requirements, and
  • final pay and exit procedures

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