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Find out key legal obligations to your employees, volunteers and members.

Content last updated 13/02/2024

Employee termination and resignation

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What are your legal obligations if you want to terminate an employee’s employment?

Terminating an employee's employment ('termination') is also called 'dismissing' or 'sacking' an employee. Termination is stressful for all concerned and involves legal obligations and requirements.

If you are thinking about termination, your organisation must consider:

  • whether termination is appropriate, and why
  • how to terminate fairly, and
  • how to terminate lawfully

The information on this page highlights the main legal issues that arise in termination of employment so that your organisation is fair to everyone, acts legally, and reduces its chances of an unfair dismissal claim being made against it.

Our fact sheet includes information about:

  • things to consider before terminating employment
  • unlawful termination
  • unfair dismissal
  • general protections
  • redundancy
  • notice requirements
  • final pay
  • what happens if an employee objects to termination of their employment, and
  • exit procedures
Legal obligations if you want to terminate an employee
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For more information about termination go to the Fair Work Ombudsman website. 


What are your legal obligations if an employee resigns?

Your organisation may face legal issues if you miss essential steps when an employee resigns.

Our fact sheet includes information about:

  • written acknowledgement of an employee’s resignation
  • notice requirements
  • final pay
  • record keeping, and
  • exit procedures
Legal obligations when an employee resigns
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The content on this webpage was last updated in February 2024 and is not legal advice. See full disclaimer and copyright notice.


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