Termination of Employment

• The employee serves the prescribed period of notice.

• The employer serves the employee with the prescribed period of notice.

• The employer terminates without notice in response to the employees act of gross misconduct.

• The employee resigns and claims constructive unfair dismissal based on the employer's unreasonable actions.
• The employee and employer agree to terminate by mutual agreement via the use of a Settlement Agreement which used to be called a Compromise Agreement.

• Retirement.

If termination is the employer's decision the employer needs to have regard to employee's length of service prior to reaching a decision to terminate. If the employee has more than 2 years' service then the employer has to have one of the potentially fair reasons to dismiss and has to follow a fair process. This section we will explain in more detail in the issues surrounding termination of employment and attempt to highlight some of the risks.