WORKPLACE AND EMPLOYMENT
LAWYERS IN SYDNEY

Generally, an employer can only dismiss a worker without notice where serious misconduct can be demonstrated. This usually takes the form of a severe breach of contract or the worker behaving in a manner that poses serious risks to the business or their colleagues.

Under normal circumstances, your employer must provide written notice outlining the date they would like you to finish to terminate your position. At this point, they can either ask you to work through the notice period or pay you what you would have earned during that period and request that you leave immediately.

Serious misconduct may include:

• any serious or persistent breach of any of the provisions set out in the Agreement;
• committing an act of theft, fraud or dishonesty (in relation to the Employee’s duties or otherwise) as established in the reasonable opinion of the Organisation;
•  falsifying records of hours worked;
•  intoxication at work;
•  conduct that poses a serious risk to health and safety to another person and/or the Organisation’s reputation;
• conviction of any criminal offence which, in the reasonable opinion of the Organisation, brings the Employee or the Organisation into disrepute;
• gross negligence by the Employee when carrying out their duties;
• fighting or displaying violent behavior in the workplace;
• not complying with a lawful and reasonable direction;
•  failing to observe safety rules;
• continued and/or serious breaches of any of the Organisation’s policies and procedures; and/or
• inappropriate use or handling of the Organisation’s Confidential Information and/or Intellectual Property.

If you are terminated for serious misconduct for any reason other than the above or if there were any procedural issues with your termination, it is worth seeking expert legal advice to discuss whether any grounds for further legal claims exist. Even if the reasons above are the reason you have been terminated for serious conduct, it is prudent to seek legal advice to ensure that you and your rights are protected.

Australian employment law has clear provisions for notice periods and reasons for dismissal, under the Fair Work Act, as well as health and safety guidelines and general protections that cover most employees.

Unfair dismissal occurs when the employee was dismissed, and the dismissal was harsh, unjust or unreasonable, and the dismissal was not a case of genuine redundancy, and where the employee was employed by a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code. When determining whether a dismissal is unfair, the Fair Work Commission will look closely at the employment contract and its terms.

Sexual harassment, workplace bullying, having an inappropriate workplace relationship, theft, fraud or serious misconduct are all genuine and valid reasons for dismissal.

The best place to start is to book a free, confidential initial call to discuss your legal matter. One of our highly-qualified workplace employment lawyers will work to understand the specifics of your situation and determine if we are the right fit for each other.

Our expert team can provide you with professional advice relating to any employment law issue, and help you achieve the best outcome possible, in a cost effective and timely matter.

Talk to dedicated Employment Lawyers in Sydney who provide expert advice & support for all workplace legal matters

To make a complaint about your employer effectively, as part of a whistle blower complaint or other employment law matter, such as unpaid wages or poor treatment in the workplace, it’s essential to provide clear information to the person you are reporting to. This may be your HR team within your employer’s business, a third party such as a counsellor or lawyer, or another support person. Keeping accurate records of dates and events is very helpful. It’s also important to understand your and your employer’s rights and what is required to make a claim. Please get in touch with us today for a confidential discussion about any employment law matter you are facing.

If the employment relationship has already ended, you may consider the legal recourse of unfair dismissal or adverse action, but remember, you only have 21 days following termination to commence these proceedings in the Fair Work Commission. Please do not hesitate to contact us if you have issues with your former employers.