BEST PRACTICE GUIDE
The decision to dismiss an employee is an area of the employment
relationship that requires an understanding of a wide range of
legislative and other obligations of an employer. The decision is
also a significant one in terms of the effect on the employee and
the business. Not surprisingly, a significant amount of resources,
time and effort needs to be devoted to the associated decisions and
processes. Knowing the legal risks and obligations involved is
essential.
WHAT OBLIGATIONS ARISE?
Unfair dismissal laws, which are set out in the Fair Work
Act 2009 (Cth) (FW Act), apply to a large number of Australian
employees and generally give those employees the broadest
protection from having their employment terminated. Therefore a
good starting point is to consider whether or not an employee is
covered by unfair dismissal laws.
