Chamber of Commerce and Industry - Termination by an employer

Termination by an employer

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Probationary Period
Constructive Dismissal
Giving an employee notice
Serious Misconduct and Summary Dismissal

Probationary Period

During and until the expiry of the probationary or qualifying period of employment, either party can terminate employment.A period of probation should be an express term of the contract of employment - a probationary period does not automatically commence when a new employee starts working. Even whe...

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Constructive Dismissal

In general, constructive dismissal refers to a situation where an employee leaves his or her employment as a result of actions by the employer leaving the employee no reasonable choice but to resign.Constructive dismissal may occur through:giving the employee the “choice” to “resign or you will be d...

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Giving an employee notice

Notice can be given on any day at any time subject to any specific award/agreement or contractual terms. This is not to say the termination is fair and lawful. The fairness of the decision to terminate is evaluated on other criteria. Some awards do specify that notice cannot be given prior to a pub...

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Serious Misconduct and Summary Dismissal

An employer does not have to provide a period of notice when terminating an employee who is guilty of serious misconduct. An employer may summarily (instantly) dismiss the employee and is only required to pay the employee up to the time of dismissal. Summary or instant dismissal does not ...

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