The most common trigger for an employment related claim is an employee feeling aggrieved in relation to the termination of their employment.
It is vital to have a valid reason for the termination and follow a proper process.
Each termination differs due to the circumstances relevant to that particular employee and the business at the time of the termination. It is therefore crucial to understand the potential risks that may result from terminating an employee’s employment prior to proceeding with the termination.
Risks
Potential claims an employee may make where their employment is terminated include:
- Unfair dismissal claim
- General protection claim
- Discrimination or harassment complaint
- Underpayment claim
- Worker’s compensation claim
- Breach of contract claim
How we can help?
The risks of a claim can be reduced greatly where proper advice is received prior to terminating an employee’s employment. Therefore, we strongly recommend that you seek legal advice from one of our experienced Employment Lawyers before terminating an employee’s employment.
‘Termination of Employment’ Related News
EMPLOYMENT UPDATE
Hours reduction for casual employees amounts to dismissal
The recent Fair Work Commission decision of Tanasak Supsingcra v White Rabbit Kiaora Lane Pty Ltd demonstrates the risks faced by employers where they seek to punish a casual employee by reducing their hours. Facts The employer, ‘White Rabbit’, operate cafés in Sydney. The aggrieved employee, Mr Supsingcra, was engaged by White Rabbit on a […]
EMPLOYMENT UPDATE
Reinstatement for employee following guilty verdict on criminal charges overturned
This month we deal with an extremely interesting decision of the Fair Work Commission where despite best practice investigation there was a ruling against the employer. Our key message is this should not detract from an employer seeking to follow best practice in allegations of serious misconduct. Sydney Trains has been ordered to reinstate an […]
EMPLOYMENT UPDATE
Employer to pay $2.25 million in bullying case
This month we look at a recent matter in the Federal Court which resulted in one of the largest financial penalty, compensation, and costs orders made within the general protections jurisdiction. Following two key decisions in the matter, which traversed complex legal issues, including constitutional conflicts between federal and state legislation, Justices Rares ordered the […]
EMPLOYMENT UPDATE
An employee’s defiance of a public health order was a valid reason for dismissal
In a recent unfair dismissal decision, the Fair Work Commission (‘FWC’) confirmed that a crane company had a valid reason to dismiss a mobile crane operator (‘employee’), who attended an illegal protest in contravention of a Victorian Government public health stay-at-home order (‘PHO’). Significantly, the FWC rejected the employee’s claim that although he had attended […]