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A valid reason must exist for an employer to dismiss an employee. The reason(s) must be based on the employee’s poor performance, conduct or changes to the operational requirements of the business.
An employer may provide you with a written statement indicating the period of your employment, job classification and type of work undertaken. The employer is also required to provide a group certificate for taxation purposes within 14 days of the date of terminating your employment.
An employer has a right to dismiss an employee without notice or payment of any money if the employee has:
• acted dishonestly
• failed to carry out a direction given to them by the person in charge
• behaved so badly that instant dismissal is justified.
Warning of unsatisfactory performance
You do not have a legal right to three written warnings, however, your employer should follow a procedure to let you know what it is you are doing wrong, what you should do to rectify the situation and when they will review your performance again.
This will usually occur in a counselling session, where the employer will explain to you what the problem is. The employer should then explain to you how the job should be performed, offer training to you if it is appropriate, or explain to you how to rectify any problem you have. They should then give you time to rectify the problem and tell you when they will talk to you again.
It is important that warnings are treated seriously.
Unfair Dismissal
What is unfair dismissal ?
A dismissal is unfair when it is "harsh, unreasonable or unjust".
The NSW Industrial Relations Act 1996 (the "Act") allows an employee who believes that he or she has been unfairly dismissed or threatened with dismissal to apply to the NSW Industrial Relations Commission (the "Commission").
In dealing with a claim, the Commission may take into account:
• whether a reason for the dismissal was given;
• whether the applicant was given an opportunity to give an explanation or to justify his or her reinstatement or re-employment;
• whether a warning of unsatisfactory performance was given.
Who is NOT eligible to make an unfair dismissal claim ?
• employees covered by a federal award
• employees engaged under a fixed term contract of less than 6 months
• employees engaged under a contract for a specific task
• employees serving a pre-determined probation or qualifying period of 3 months or less. If the probation period is more than 3 months, the period must be reasonable in relation to the nature and circumstances of the employment
• employees engaged on a casual basis for a short period (6 months or less in New South Wales).
[ 本帖最后由 太阳高高挂 于 2011-12-14 22:38 编辑 ] |
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