Workplace Relations: When can an employee be terminated ‘without warning’?

In general, if an employer wants to terminate an employment contract with an employee, the employer must give the employee written notice, and this notice must specify the date of the employee’s last day of work. The employer can then give the notice to the employee in one of the following ways:

  • personally delivering the written notice to the employee;
  • sending the written notice to the employee via email; or
  • mailing the notice to the employee’s last known address.

However, if the employee is terminated for serious misconduct (the definition of which varies depending on the situation), the employer does not have to provide notice of termination. However, the employer still has to give the employee any unpaid entitlements, such as wages and vacation pay.

If you are an employer or an employee, please contact us if you are unsure about your rights and obligations in your employment relationship. Our Employment lawyers will be happy to answer your legal questions and make sure that you are not being taken advantage of in your employment relationship.

Source: Fairwork Australia

Disclaimer: This is only a general summary and guidance and cannot be regarded as a specific question for your individual questions. The law is complicated, and we strongly recommend that you seek professional legal advice. Canaan Lawyers will not be liable for any loss or damage caused by any person due to the information contained or missing in the document.