Employment Law Australia - Employment Law Practical Handbook

Dismissal

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What is dismissal?

Every employer will need to dismiss an employee at some point.
Express dismissal

An express dismissal occurs when an employer notifies an employee of their last day of employment.
Express dismissal with notice

Express dismissal with notice occurs when you give notice of the termination of the employment contract.
How must you provide notice of dismissal?

Notice of termination of employment must meet two criteria.
Summary dismissal

You may have the right to instantly dismiss an employee. This is known as ‘summary dismissal’.

Confidential information

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What confidential information might your company want to protect?

The information you need to protect will depend on the nature of your business and industry.
Obligation of confidence

The key way to protect confidential information is to impose an obligation of confidence on the people who are receiving the information.
When is information confidential?

There are two reasons why information might be confidential.
Identifying confidential information in your business

If your business has any confidential information, take steps to identify this information as confidential.
Breaching the obligation of confidence

If your employee or ex-employee takes your confidential information without consent and uses it to further a scheme that is contrary to your interests, they may be breaching their obligation…

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Dismissal

What is dismissal?

Express dismissal

Express dismissal with notice

How must you provide notice of dismissal?

Summary dismissal

Confidential information

What confidential information might your company want to protect?

Obligation of confidence

When is information confidential?

Identifying confidential information in your business

Breaching the obligation of confidence

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Dismissal

Confidential information