New federal termination regime starts 31 december

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New federal termination regime starts 31 december

The federal Government’s reforms to the federal termination of employment laws will commence on 31 December 1996.

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The federal Government’s reforms to the federal termination of employment laws will commence on 31 December 1996.

In making this announcement, the Government additionally highlighted the reforms to the present requirement that employers give minimum notice (or payment in lieu of notice) in cases of serious misconduct.

The proposed termination of employment provisions will do away with the requirement for minimum notice in cases of serious misconduct. The Government’s announcement gave the following examples as occurrences which may constitute ‘serious misconduct’:

  • wilful or deliberate behaviour inconsistent with continuation of the contract of employment; or,
  • conduct which causes an imminent and serious risk to the health or safety of any person, or the reputation, viability, or profitability of the employer’s business.

Note that an employee’s conduct, although constituting serious misconduct, does not necessarily guarantee that a dismissal based on that serious misconduct will be protected from being found to be harsh, unjust or unreasonable. The above reform simply frees the employer of the obligation to pay notice in cases of serious misconduct.

Further details of the soon to commence termination of employment laws were outlined in HR Link on 8 November 1996.

 

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