Termination of Employment Contract - Labour Law

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These flashcards cover key concepts related to the termination of employment contracts under Labour Law.

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16 Terms

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Entitlements on termination of employment

Rights and benefits an employee is entitled to upon leaving an organization.

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Redundancy

A situation where an employee's position is no longer required, leading to termination.

3
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Unfair dismissal

Termination of employment that an employee believes lacks a fair reason and/or appropriate process.

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General protections/adverse action

Legal protections preventing discrimination or unfair treatment towards employees.

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Breach of contract

Failure to adhere to the terms outlined in an employment contract.

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Reasonable notice

The minimum advance notice an employer must provide before terminating employment.

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National Employment Standards (NES)

The minimum employment entitlements for employees within Australia.

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Garden leave

A situation where an employee is instructed to stay away from work during their notice period but remains on payroll.

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Severance pay

Compensation provided to an employee who is terminated from a position due to redundancy.

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Constructive dismissal

When an employee resigns due to the employer's conduct, effectively forcing the resignation.

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Procedural fairness

The requirement to follow fair procedures in disciplinary actions and dismissals.

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Operational requirements

Changes in business needs that may lead to redundancies within an organization.

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Consultation clause

A requirement for employers to discuss and consult with employees about potential redundancies.

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Redeployment

The process of transferring an employee to another job within the same company.

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Dismissal

The act of terminating an employee's contract, which can be initiated by the employer.

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Performance management

The continuous process of identifying, measuring, and developing performance in the workplace.