Getting Fired
New South Wales
GETTING FIRED, NOTICE PERIODS AND UNFAIR OR WRONGFUL DISMISSAL
Notice period
Who doesn’t get notice of termination?
I want to quit my job – do I have to give notice?
GETTING FIRED
What is unlawful dismissal?
What can you do about unlawful dismissal?
What is unfair dismissal?
What if my employer has cut back my hours?
What can you do about unfair dismissal?
What is wrongful dismissal?
What can you do about wrongful dismissal?
Notice period
If your employer end yours employment and you’re a part time or full time employee, they must provide you with the following amount of notice:
Length of time employed Notice Period
Less than 1 year
1 week
More than 1 year, but not more than 3 years 2 weeks
More than 3 years, but not more than 5 years 3 weeks
More than 5 years 4 weeks
Who doesn’t get notice of termination?
You don’t get any notice of losing your job if you are:
a casual employee;
an employee hired for a specific period or task;
a seasonal employee hired for a specific season;
an employee whose employment is terminated because of serious misconduct (for example, an employee engaging in theft, fraud or assault in the course of their employment);
an employee failing to follow reasonable instructions from their boss.
I want to quit my job – do I have to give notice?
Under national workplace laws, an employee doesn’t have to give notice when they resign.
But, your employment contract may say that you do have to give notice, so it’s important to check what it says to make sure you don’t get in any trouble.
GETTING FIRED
Losing your job can be a really hard and stressful experience. If you think you have been fired unfairly or for the wrong reason, you may have rights under unlawful dismissal laws, unfair dismissal laws or wrongful dismissal laws.
What is unlawful dismissal?
Unlawful dismissal is when an employer fires an employee for an unlawful or biased reason.
Your boss can’t fire you if:
you complain about them;
you are absent because you are ill or injured; or
because of your race, religion, physical or mental disability, political opinion, or many other personal characteristic.
What can you do about unlawful dismissal?
If you think you have been unlawfully dismissed, you can make an application to the Fair Work Commission (FWC) for unlawful dismissal.
You have to make a claim for unlawful dismissal within 21 days after you have been fired.
For more information on unlawful dismissal and to complete the online application form, go to:
https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/lodge-application
What is unfair dismissal?
Unfair dismissal is when your employer fires you without a just or reasonable cause, or when you quit because of your employer’s extreme behaviour. If your job or your pay changes for the worse, but you are still employed by the same employer, it can still be a dismissal.
For example:
If your employer suddenly fires you and does not tell you the reason, you may be able to make a complaint for unfair dismissal.
If you were fired for a reason that had nothing to do with your performance or conduct on the job, then you may be able to make a complaint for unfair dismissal.
If you were fired because of a reason relating to your performance but you were not given an opportunity to argue your case or you were not given any warnings about your performance, then you may also be able to make a complaint to the Fair Work Commission (FWC).
What if my employer has cut back my hours?
If your employer has cut back your shifts or reduced your hours at work, you may be able to make an unfair dismissal claim. This depends on whether you can prove that:
your employment has been on a regular and systemic basis; and
you had a reasonable expectation of your employment continuing on a regular and systemic basis;
you have been dismissed from your job; and
your dismissal was harsh, unjust or unreasonable (and was not a case of genuine redundancy i.e. your position/duties at work would still exist after you left the job).
If you can show that you were consistently and regularly working each week, roughly at the same time, you might be able to prove that your employment was systemic and regular. You would also need to show that you reasonably expected that pattern of work would continue.
This issue is likely to be determined from your employment records, which would need to support your claims of regular weekly work and a minimum number of shifts per week over an extended period. If the FWC accepts that you were employed on a regular and systemic basis, then you may be eligible to lodge an unfair dismissal complaint.
What can you do about unfair dismissal?
To complain to the Fair Work Commission for unfair dismissal, you must have:
worked for your previous employer for at least 6 months (or 12 months if they are a small business); and
you must:
have earned less tha