Notice of Termination Requirements
There have been no changes to the notice of termination requirements. There is a scale of notice based on years of service and where an employee has provided more than five years continuous service four weeks' notice applies.
Where the employee is more than 45 years of age the employer has to give one week's additional notice where that employee has completed at least two years of continuous service.
There is no entitlement to notice where an employee is dismissed during the probationary period or for serious misconduct. Where the employee gives notice the statutory period of notice does not apply. Notice provisions under awards or agreements still apply. Employees are still entitled to the required period of notice or payment in lieu. The notice period cannot be worked out whilst the employee is on annual leave.
There is a growing trend amongst some employers not to pay their employees their full entitlements on termination. This cannot be done unless legislation or the relevant industrial instrument allows this or is otherwise agreed. Essentially the employee is entitled to the payment of all monies at the time of termination unless specified or agreed.
Please note that LAC Lawyers only act for employees & executives who earn in excess of $125,000 pa (including Super). If you feel that you have been unfairly treated by your employer, contact LAC Lawyers today.
Notice of Termination Requirements Articles
Employment Law - Redundancy - Unfair Dismissal - Should Employers Offer a Lower Paid Position to Employees?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to review Margolina v Jenny Craig Weight Loss Centres Pty Ltd [2011]FWA 5215. This case addressed issues of whether it would have been reasonable to redeploy the employee into a lower paying position when she was made redundant. She argued that it was not a genuine redundancy as the employer never offered her alternative employment in a lower paid position.
Employment Law - Unfair Dismissal or a Genuine Redundancy? When is Redeployment Reasonable?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
A common issue in termination of employment is determining whether the employee has been unfairly dismissed or made redundant. The employer may have told the employee that it is a genuine redundancy.
Employment Law - Restraint of Trade - Cascading Clauses
Date: December 20, 2010
Author(s): LAC Lawyers
Restraint of trade has garnered an ever increasing amount of attention over the past few years as employers attempt to restrain former employees in their conduct after they leave their employ.
Employment Law - Unfair Dismissal and Discrimination Provisions
Date: December 07, 2010
Author(s): LAC Lawyers
If you can answer yes to any of the following questions then this article on Unfair Dismissal and Discrimination is for you
Unlawful Discrimination Claims and Limitation Periods
Date: December 01, 2010
Author(s): LAC Lawyers
Having established your right to make an unlawful discrimination claim, the next step that one needs to consider is the limitation period for the lodgement of such a claim.
Employment Law - The Rights of an Employer and their Employee
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
With the Law in this area constantly changing, many employers and employees are uncertain as to their rights with respect to such things as employment contracts, termination of employment and redundancy.
Employment Law - You Have Been Terminated, Does it Amount to Unfair Dismissal?
Date: October 08, 2010
Author(s): LAC Lawyers
Organisations with It is becoming more rampant in the current times that an employee is found to have been terminated. Termination of employment can take several forms and unfair dismissal seems to be a common occurrence.