Termination of employment

This term covers various situations where employment ends. For example, if an employee chooses to leave their job, it's called resignation. If the employer ends the employment, it could be due to firing (often for performance or conduct reasons) or dismissal (which might involve redundancy or business changes). The process and implications of termination vary depending on whether it's initiated by the employee or the employer.

Ending employment lawfully

When you end someone's employment, you must give written notice or pay in lieu under the National Employment Standards (1 to 4 weeks depending on service, plus a week for employees over 45 with at least 2 years' service), unless they are dismissed for serious misconduct or another exception applies. You must pay all outstanding wages and entitlements, and redundancy pay if the job is made redundant. The reason and process must also be fair to avoid unfair dismissal or general protections claims. For example, a 50-year-old employee with 4 years' service is entitled to 4 weeks' notice.

Read our guide to termination of employment, or get Fair Work representation for employers if a claim is made.