Separation is :: the process of employees leaving voluntarily, or involuntarily through dismissal or retrenchment processes.
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Voluntary separation includes :: resignation, relocation, voluntary redundancy, or retirement.
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Involuntary separation includes :: contract expiration, retrenchment, or dismissal.
- redundancy occurs when :: a person’s job no longer exists, usually due to technological changes, an organisational restructure or a merger or acquisition
- retrenchment is when :: a business dismisses an employee because there is not enough work to justify paying him or her
Dismissal
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Summary dismissal is :: an instant form of dismissal for employees involved in serious misconduct.
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The Fair Work Commission will determine if the reasons for dismissal were sound and whether the employer made efforts to investigate allegations
If employees are found to display poor performance, businesses need to:
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- Give employees a written warning about their poor performance over a period of time
- Give them advice and support so they have the opportunity to improve
- Notify employees of the reason for the termination and an opportunity to respond
In instance of redundancy, the employer may be asked to show:
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- The employees job was no longer needed
- No appropriate work was available elsewhere in the organisation
- The employee was consulted about alternative redevelopment options in the business
Unfair dismissal
- Unfair dismissal occurs when :: an employee is dismissed by their employer and they believe the action is harsh, unreasonable or unjust.
During an unfair dismissal, the Fair Work Commission finds that:
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- the employee was dismissed
- the dismissal was harsh, unjust or unreasonable, and
- the dismissal was not a case of genuine redundancy.