Discipline and Termination
The Fair Work Act 2009 introduced new termination of employment provisions for employers subject to the federal workplace relations system.
Where an employer terminates an employee’s employment after the employee has completed the ‘minimum employment period’ they may be eligible to lodge an unfair dismissal application with Fair Work Commission. Please note the term ‘minimum employment period’ replaces the concept of the ‘qualifying period.’
The minimum employment period for an employee:
- Of a small employer (that is, less than 15 employees based on a headcount) is 12 months; and
- Of a large employer (that is, with 15 or more employees based on a headcount) is 6 months.
AHA (NT) has developed best practice template Discipline and Termination letters to address discipline and termination matters for staff employed in hospitality workplaces.
Please read the User Directions carefully prior to using the template letters. You should also seek advice from the AHA (NT) if you are unsure about your obligations as an employer when considering discipline or termination of an employee, prior to undertaking any action.
Written Notice of the Day of Termination
Employers should also be aware of a new provision within the National Employment Standards which took effect 1 January 2010, requires that where termination of employment is at the imitative of the employer, the employer must give the employee written notice of the day of termination.
Please note that the termination cannot be before the day the notice is given. The notice may be given to an employee by:
- Delivering it personally; or
- Leaving it at the employee’s last know address; or
- Sending it by pre-paid post to the employee’s last known address.
Employers should keep this written notice requirement in mind, particularly as written notice cannot be given after the termination notice is given.
No person should rely on the contents of these Discipline and Termination Letters without first obtaining advice from a professional person. The Discipline and Termination Letters are available on the terms and understanding that the AHA (NT) is not responsible for the results of any action taken on the basis of information in the Discipline and Termination Letters, nor for any error in or omission from the Discipline and Termination Letters. The information contained the Discipline and Termination Letters is of a general nature and must be adapted to your particular circumstances.
To the extent permitted by law, no warranty, representation or undertaking (express or implied), is given by AHA (NT)or its affiliates, officers, directors, employees or agents to any party in relation to the accuracy or completeness of information contained in the Discipline and Termination Letters or its fitness for any purpose at all.
To the extent permitted by law, AHA (NT) disclaims all liability for loss or damage (whether foreseeable or not and whether indirect or not) suffered by any person acting on the basis of the information contained in the Discipline and Termination Letters or arising as a consequence of the information in the Discipline and Termination Letters, whether such loss or damage arises in connection with any negligence, default or lack of care on behalf of the AHA (NT).