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Termination/Dismissal/Redundancy

How much notice must I give or be given on termination?

The amount of notice required on termination depends on the provisions of your NSW Award or Enterprise Agreement.

It should be noted that some awards provide for different notice periods depending on whether termination was for reasons other than redundancy.

If you are not covered by a State award then notice may depend on the terms and conditions of the contract of employment.  If the contract of employment does not provide for notice requirements then it maybe reasonable to refer to the method of remuneration to determine a notice period. For example an employee on fortnightly pay cycle would require to give or be given two weeks notice.

If you are uncertain about your entitlements please contact Office of Industrial Relations online or telephone 131 628.

When am I entitled to redundancy?

A job becomes redundant when the employer no longer desires to have it performed by anyone.

You will only be entitled to a redundancy benefit if you are covered by a NSW Award or Industrial Agreement and your employer employs at least 15 employees     and you are a permanent employee with no less than 12 months continuous service.

The NSW Employment Protection Act 1982 makes provision for a redundancy entitlement if the NSW Award or Industrial Agreement does not make specific provision for a redundancy benefit.

Note - if you are covered by a Federal Award or Industrial Agreement the Award or Agreement may provide for a redundancy entitlement.

If you are uncertain about your entitlements please contact Office of Industrial Relations online or telephone 131 628.

What are the employer's obligations after a decision has been made that may lead to redundancies?

Discussions shall take place as soon as is practicable after the employer has made a definite decision that may lead to redundancies and shall cover, inter alia, any reasons for the proposed terminations and measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

What can I do if I feel I have been unfairly dismissed?

The Industrial Relations Act 1996 (the "Act") allows an employee who believes that he or she has been unfairly dismissed or threatened with dismissal to apply to the NSW Industrial Relations Commission (or telephone 02 9258 0777).

I want to dismiss an employee, how can I do this?

A valid reason must exist for you to be able to dismiss an employee. This reason(s) must be based on the employee's poor performance, conduct or changes to the operational requirements of your business. Further practical advice is available online that will help avoid dismissal predicaments.