Types of Employment Termination

An employer terminates an employee's employment because:

Types of Resignation

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 ยท 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:

Step 2 An employee must also have been:

Step 3 The employee must also not come within one of the following excluded classes of employees:

See also Fair Work Australia website


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