Legal Termination of Employee

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.

NANA FAQ - Guidelines for the Legal Termination of Employees

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.

To download this NANA FAQ, please login by using your NANA username and password.

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Thinking of selling your Newsagency?

There are just so many reasons why Newsagents would ever want to consider selling their Newsagency – family, health, retirement, succession, profit, just to name a few.

The success of selling one's Newsagency is not just getting the right price or finding the right buyer. It is more so about presenting the best reasons why one's Newsagency is a profitable business to take over.

Thinking of selling your Newsagency?

This takes many months, even a year, of planning and preparation!

NANA has prepared a draft/suggested checklist to ensure that you are covering the planning stages right through to post-sales. Please login in order to download this checklist.

Member Newsagents need to use their NANA username and password to login to download the NANA FAQ.

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