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Business Law

How to Terminate an Employee in Australia

Terminating an employee in Australia can be a complex and time-consuming process. Several factors are to consider, including the grounds for dismissal, the employee’s length of service, and the applicable employment laws.

Stevens & Associates is an Australian law firm that can help you terminate an employee. Our lawyers have extensive experience in employment law and can advise you on the best way to terminate an employee in your specific circumstances.

The first step is to determine the grounds for dismissal. There are several valid reasons for dismissing an employee, including:

  • Serious misconduct, such as theft or violence
  • Incapacity due to illness or injury
  • Redundancy
  • Performance issues

Once you have determined the grounds for dismissal, you must follow the correct process. This includes giving the employee notice of termination in writing and providing a reason for their release. You may also need to meet with the employee to discuss their dismissal.

The amount of notice you need to give an employee depends on their length of service. For employees with less than one year of service, you need to provide them with one week’s notice. For employees with more than one year of service, you need to give them one week’s information for each year of service, up to a maximum of 12 weeks.

If you dismiss an employee for serious misconduct, you may be able to ignore them without notice. However, you should always seek legal advice before dismissing an employee without notice.

Stevens & Associates can help you with every step of terminating an employee. We can advise you on the best way to terminate an employee in your specific circumstances and represent you in any legal proceedings.

Contact us today to learn how we can help you terminate an employee in Australia.


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