Terminating someone's employment is always a difficult time and experience for both the employer and the employee.
It is legal for an employer to dismiss an employee:
- if it is a genuine redundancy; or
- if the dismissal would not be considered harsh, unjust or unreasonable; or
- if the dismissal is consistent with the Small Business Fair Dismissal Code.
When Fair Work Australia considers whether a dismissal is harsh, unjust or unreasonable, they take into account a range of factors including:
- if there is a valid reason for the dismissal relating to the employee’s conduct or capacity;
- if the employee is notified of the reason and given an opportunity to respond;
- if the dismissal relates to unsatisfactory performance, then whether the employee is warned about it before the dismissal.
Since 1 January 2010, the National Employment Standards (NES) replaced the non pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard). Under the NES, the rules relating to redundancy and redundancy pay have been modified. The NES also cover notice periods when an employee is dismissed.
To assist Newsagents and Lottery Agents, NANA has published a FAQ - Guidelines for the Legal Termination of Employees. Please visit this page to receive the latest version of NANA's FAQ.
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