Rights & Responsibilities

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Transport Industry: Terminating Employment

Resignation

An employee may resign but must give the employer at least one week's notice or forfeit a week's wages in-lieu of notice.

Redundancy

Redundancy occurs when the work performed by an employee is no longer necessary because their job is replaced by technology or the work performed is no longer required.

The minimum scale of severance payments is contained in the Transport Industry – Redundancy (State) Award and applies to employers who employ fifteen or more employees immediately prior to termination of employment.

Dismissal

A valid reason must exist for an employer to dismiss an employee. The reason(s) must be based on the employee's poor performance or misconduct.

It is better to give written notice of the termination, outlining the details of why the termination is occurring.

The amount of notice required to be given by an employer is the same as that required by an employee – one week or the payment of a week's wages in-lieu of notice.

The employer should also provide the employee, who has more than two months service, with a written statement indicating the period of their employment, job classification and type of work conducted. If the employee asks for it, the employer is required to provide a group certificate for taxation purposes within 14 days of the date of termination.

The employer has the right to dismiss an employee without notice or payment in lieu of notice if the employee has:

• acted dishonestly
• failed to carry out a direction given to them by the person in charge
• behaved so badly that instant dismissal is justified

Further information is contained in the OIR brochure, Ending Employment.

Unfair Dismissal

The Industrial Relations Act 1996 allows an employee, including a casual employee in certain circumstances, who believes that they have been unfairly dismissed or threatened with dismissal, to apply to the NSW Industrial Relations Commission.  A dismissal is unfair when it is 'harsh, unreasonable or unjust'.

Further information is contained in the OIR brochure, Unfair dismissals.

Unlawful Dismissal

An employee cannot be dismissed for any one or a combination of the following reasons:

• when the employee is temporarily absent from work because of illness or injury (workers compensation)
• is a member of a union
• participates in union activities outside working hours or with the employer's consent inside working hours
• does or does not want to be a member of a union
• is seeking election, or is an elected representive of the employees
• has filed a complaint against the employer or another employer about non-compliance with any laws and regulations
• has participated in legal proceedings against the employer or another employer
• has taken or wants to take parental leave
• the employee's race, colour, sex, sexual preference, physical or mental disability, marital status, age, ethnicity or religion
• the employee is pregnant
• family responsibilities