If these offences are serious enough, they may be grounds for termination of the contract. The employer must have a good reason to dismiss the worker, including poor performance and serious misconduct by part of the worker. The employer is required to make a written communication at the same time as the notice period specified in the employment contract. If a worker whose job has resigned (for any reason) receives a payment greater than the worker`s minimum legal rights, it is almost always advisable to execute a separation agreement (generally known in Australia as the dismissal agreement) of the worker against this additional payment. Implementation of the separation agreement will reduce (but not completely eliminate) the employer`s overall exposure to the negative consequences resulting from the termination of the employment relationship. In the event of an employer unfair dismissal, the worker should speak to a lawyer in favour of unfair dismissal and have the right to apply for wrongful dismissal, and the case may be heard by the NSW Industrial Relations Commission. There are both federal and regional laws that regulate unfair dismissals. The NSW Recommendations Act was passed by the NSW Parliament on 1 December 2009 and the Commonwealth Parliament voted on 2 December 2009 in favour of the adoption of the State Removal Act. It is also important to check whether an applicable industrial premium or employer policy or the employment contract itself does not create a more generous right for the worker. The letter stated that the company had “carefully considered the symptoms of [the employee`s] heart suffering and felt that it would be in their mutual interest [of the worker] to obtain less strenuous work and which would probably not result in a recurrence of the problem.” Trial periods serve as a useful tool for human resource management by signalling to the worker that it is appropriate to assess their ability to play a role in the initial phase of their employment. For contractual purposes, frustration describes a situation in which a contract cannot be executed due to unforeseen circumstances. Frustration can be fundamental to the termination of a contract as long as neither party is the source of the frustration and neither party has been able to anticipate frustration. The former employee then repaid an wrongful dismissal fee for a physical disability that violated Section 351 of the Fair Work Act 2009.
While the former employee`s behaviour may be relevant to the assessment of appropriate dismissal in the current circumstances, the employer does not.