Types of Employment Termination
An employer terminates an employee's employment because:
- The position is no longer required i.e. the position is redundant
- An employee's conduct falls into a category that warrants dismissal i.e. such categories may include alcohol or substance abuse while at work, stealing, inability to meet normal expectations of punctuality, harassment of other workers, etc.
- Capacity of performance i.e. despite training and support, the employee is not able to adequately perform the duties of the position.
Types of Resignation
- Employee can resign from his employment voluntarily
- Two weeks notice is required by law from the employee
Types of Termination of Employment
Constructive dismissal - Defined as a resignation by an employee because
of actions or words from the employer led them to believe
that they had no choice but to resign · e.g. the employer
making substantial changes to an employees contract without
the agreement of the employee.
Summary Dismissal - Also known as instant dismissal, is when a decision is taken by an employer to terminate the employment of the employee
on the spot for gross misconduct e.g. theft or violence.
Applying for Unjust or Unreasonable Termination
It is important to be familiar with employment laws in your own nation or state, but as an example, here is a process from Australia that can be followed by people who feel the termination of the employment was unjust. Note that there are usually time limits to lodge an application for unreasonable termination.
An employee must meet the three steps or "tests" below to
make an application:
Step 1 'Employee must have completed a qualifying
period of employment with the employer. The qualifying period
of employment is defined as:
- 3 months; or
- a shorter period, or no period, determined by written
agreement between the employee and employer before the commencement
of the employment; or
- a longer period determined by written agreement between
the employee and employer before the commencement of the
employment, being a reasonable period having regard to the
nature and circumstances of the employment.
Step 2 An employee must also have been:
- covered by a Federal award or agreement and whose employer
was a constitutional corporation; or
- employed in relation to interstate or overseas trade
or commerce as a waterside worker, maritime employee or
flight crew officer; or
- a Commonwealth public sector employee;
Step 3 The employee must also not come within one
of the following excluded classes of employees:
- Specified term or specified task
- Probationary Casuals
See also Fair Work Australia website