Q&A with LHD Lawyers

• Q: I am the manager of a travel retail business. Unfortunately, one of my full-time employees is no longer performing to the appropriate standard. Consequently, I wish to terminate his employment.  How do I do this? Kerry-Sydney

A: Kerry, you need to refer to the National Employment Standards.

First, you must give written notice of the termination. You can give the notice to the employee by handing it to him personally, delivering it to his last known address, or mailing it by registered post to his last known address.

Second, you must comply with the minimum period of notice. The minimum period of notice depends on the length of the employee’s continuous service with you. Continuous service is the length of time they have been employed by you, and with the exception of unpaid parental leave it does not include unpaid leave. If the employee has worked for you for less than one year, the relevant notice period is one week. If he has been employed for more than one year but less than three years, the notice period is two weeks. If the length of employment is more than three years and less than five years, the notice period is three weeks.

Third, if the employee has worked for over five years, the notice period is four weeks. If the employee is over forty-five years old and has been employed for at least two years, you must add one week to the relevant notice period.

If you do not comply with the minimum period of notice, you must make payment in lieu of notice. The payment will be the amount you would have been liable to pay to the employee for the hours he would have worked had he continued in his employment to the end of the minimum period of notice.

Finally, the General Retail Industry Award 2010 states that an employee must be allowed up to one day’s leave without loss of pay for the purpose of seeking other employment.

To avoid an unfair dismissal claim, you must ensure that the reason you terminate the employment of the worker is not ‘harsh, unjust or unreasonable.’

For more information please contact,

Kayt Hogan
Solicitor
LHD Lawyers
Suite 1, Level 3,
130 Elizabeth Street
Sydney NSW 2000
Tel: 9264-6644

www.lhd.com.au

Did you Know?

AFTA Members receive over the phone access to professional industrial advice through LHD Lawyers.

Simply LOGIN to the Participant Zone for more information under Exclusive Partner Benefits.