Ending Employment

Factsheets / Ending Employment

Employment can end for a number of reasons. You might resign from your job voluntarily, finish your contract, be made redundant or even be dismissed for misconduct. Whatever the reason, you’ll need to deal with things like notice periods and final pay. In this section you will find everything you need to know about your – and your employers – rights and obligations. In this section you will find information on:

Final Pay

Most of the time, your employer should give you your final pay within seven days of your last day of work. But this can change depending on the award, agreement or contract that covers your workplace.

Serious Misconduct

Serious misconduct refers to a significant violation of your terms of employment.

Forced Resignation

If your employer acts in a way that leaves you with no real choice but to resign this is known as a forced resignation.

Giving Notice & Resigning

If you want to resign from your job, you need to let your employer know and continue working until the required notice period is completed. You do not need to give a reason for resigning. However, an employer must provide a reason that is fair in the circumstances unless you are not covered by unfair dismissal laws, such as if you are serving a probationary period. If your employer no longer wants to employ you, they also need to give you notice in advance (known as a notice period). Instead of an employee working out a notice period,...

Redundancy Pay, Redundancy Notice Periods and Entitlements

An employer can make a role redundant if they: Genuine reasons for redundancy can be because the business has moved to a new location, has restructured or has gone out of business. Redundancy refers to a specific role — not the person who performs it. Your employer cannot make someone redundant and then hire someone else to continue doing the same job. If your role becomes redundant you can either be redeployed or retrenched. Consultation Employers must consult employees about major changes in the workplace that will affect them. This includes any changes that could lead to redundancies....

Unfair dismissal, discrimination and redundancy

All workers deserve to be treated fairly and with respect. There are special laws that prevent discrimination on the basis of your gender, race, cultural or religious background. And, under Fair Work laws, all workers who have served a qualifying period are legally protected from being sacked unfairly. Changes to permanent contracts should happen through a process of negotiation and consent. Your employer can not simply decide to cut your wage or hours without consultation. If your job is being made redundant – if your employer can no longer afford for anyone to do it – you should...