Dismissal or Termination

01 October 2002

Workers have rights in regards to being terminated by their employers. Below is information on what the boss can and can't do.

Termination
An employer has the right to terminate or dismiss an employer as long as the employer has abided by the "fair go alround" concept. That is given the employee to right to defend themsleves and that the reason for termination was resonable.

Most Awards and Agreements contain clauses dealing with employees entitlements upon dismissal. Also see the Redundancy Section of this website for information on that topic.

Unfair Dismissal
When a dismissal is harsh, unresonable or unjust an employee has the right to file what is known as a Unfair Dismissal claim in the Industrial Relations Commission. This claim must be filed within 21 days of the dismissal and the union has the right to represent you (as long as you were a union member at the time of your dismissal).

When a claim for unfair dismissal is made an employee can seek to be reinistated in their position or seek monietary compensation.

The Commission may take into account when hearing a claim whether a reason for the dismissal was given, whether the applicant was given an opportunity to give an explination or to justify their reinstatement, whether a warning regarding unsatisfactory perfomance was given.

Constructive Dismissal
Sometimes when employees are demoted or have their employment conditions fundamentaly changed the employee may be able to lodge an Unfair Dismissal claim. However it needs to be demonstarted to the Commission that the employment conditions have been changed in such a way that it was the equivalent of being dimissed.

Casuals and Unfair Dismissal
Under the Federal Industrial Relations system casuals who have been employed regulary for over 12 months, and who have a resonable expectation of continuing employment can lodge claims for unfair dismissal.

Under the NSW Industrial Relations system casuals who have been employed on a regular basis for over 6 months and who also have a resonable expectation of continuing employment can lodge claims for unfair dismissal. As long as that employee started the casual work after 1 October 1997.

Dismissals and Terminations are serious and complicated matters it is recomended that you contact your nearest AWU Office as soon as you are dismissed to discuss your rights.