Termination of Labor Letters

Termination letters are often relied upon by employees and employers alike every time a claim for unfair dismissal is created.

Termination date and detect

The termination letter should serve its function- which is, it has to clearly define the employment was terminated and say the day on which the conclusion of employment comes into effect.

Section 117 of this FW Act provides that an employer should give the worker written notice of the afternoon of the conclusion of employment, in other words, the day that the worker's employment ends. The date of the termination letter must reflect the date that the notice is given along with the expiration date can't be until the written notice is provided.

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Notice of termination of employment should, to the extent it's reasonably practicable, be awarded to a worker by delivering it by hand.

Where notice of termination of employment is to be given to the worker, the termination letter must set the minimum amount of notice and if the note:

Is provided in time – which is, the worker is to operate through their notice period and also the employment will finish in the conclusion of the notice period; or

Will be paid – which is, the worker isn't necessary to work their notice period, the job will end instantly and an amount equal to the notice period will be compensated for the worker.

Reason for ending

The termination letter must also set out the rationale for the employee's dismissal. To this end, it has to properly reflect the legitimate reason for the conclusion of the worker's employment.

A worker must be informed of the legitimate reason for the termination of the employment before the choice is made and they need to be supplied with a chance to react.

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