Find out more
Bookmark this siteFind out more
Fairness @ work
Termination of employment, resigning & unfair dismissal
Termination of employment
If you are a full-time or part-time employee and are terminated from your employment, the State Fair Work Act 1994 provides a Minimum Standard for severance pay that applies when working in the state industrial relations system. Check your award or agreement for additional entitlements regarding termination.
Under most awards and agreements, full-time and part-time employees are entitled to a specified period of notice or payment instead of that notice.
Resigning
Your employment contract or award should state how much notice you have to give when resigning.
If it is not written down, a general rule is the notice period should be equal to the pay period, for example if you get paid fortnightly, you should give two weeks notice.
Unfair dismissal
Employees who feel they have been dismissed in a way that is harsh, unjust or unreasonable, can usually make a claim for unfair dismissal.
The law on unfair dismissal is complex and you should seek advice about your situation.
If you decide to make a claim for unfair dismissal, don’t delay. Applications must be lodged within 21 days of the dismissal (in some cases you may be given an extension of time).
Unlawful termination
Employees are also protected against unlawful termination.
Examples of unlawful termination include dismissing someone because of their:
- race
- sex
- colour
- sexual preference
- age
- physical or mental disability
- marital status
- family or carer’s responsibilities
- pregnancy
- religion
- political opinion
- national extraction
- social origin.
It is also unlawful to terminate an employee’s employment if they are temporarily absent from work because of illness or injury, union involvement or non-involvement or during parental leave.
If you need more information contact SafeWork SA, the Industrial Relations Commission of South Australia or your union.
Last updated: 21 October, 2010
Telephone 1300 365 255
Employers and workers within South Australia can contact their local SafeWork SA office, or the Help Centre, for the cost of a local call. The Help Centre is open during business hours Monday to Friday, excluding public holidays.
Email: help@safework.sa.gov.au
