Greatra Mayana

Career & Employment Opportunities

Ending employment


Ending employment An employment relationship can be ended by
either the employer or the employee. If an employer dismisses an employee,
they must do it lawfully and fairly. And if the employee is full time or part time;
they have to give a notice period. An employee may continue working
until the end of the notice period, or an employer may choose to pay the employee
for the notice period and have them finished right away:
this is called payment in lieu of notice. The minimum amount of notice an employee gets is based on how long they have worked with their employer. If your length of service is
less than one year, you get one week’s notice, between one and 3 years, you get 2 weeks, between 3 and 5 years you get 3 weeks, and for more than 5 years’ service you get 4 weeks’ notice. If an employee is over 45 and has at least 2 year’s
continuous service: they get one extra week’s notice. An award, agreement or contract might provide more notice. But sometimes employees are not entitled to notice
of termination. For example, if they: are a casual employee, are dismissed for serious misconduct, or are employed for a set task or period of time. If an employee resigns from their employment,
they may also need to give notice. An award, agreement or contract of employment, will tell you whether notice needs to be given, and how much. If an employee does have to give notice but they don’t, their employer may be able to keep some
of their final pay to make up for this. Whether an employee resigns or is dismissed,
if they are paid in lieu of notice, the employee must be paid at least the same amount they would have earned if they had worked the notice period. For more information on termination, including unfair dismissal and unlawful termination, visit www.fairwork.gov.au/termination To work out how much notice you are entitled to
www.fairwork.gov.au/PACT.

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