Employment Separation Agreement Australia

The income received by the worker is taken into account in the assessment of his financial damages. Employers must also check whether an employee is entitled to higher notice under their employment contract. If the worker has a written employment contract that expressly sets the notice period for termination and is higher than the minimum requirements of a law or company agreement, this explicit termination provision must be provided for in the contract. The common law remedy of “unlawful dismissal” is available to all workers. However, due to the cost of suing a claim in civil courts, it is not often prosecuted. Damages for unlawful dismissal may be limited to the period of notice provided for in the worker`s employment contract or, in the absence of notice, to the “reasonable period of notice”. There are certain exceptions that allow for higher damages depending on the circumstances; in particular where, under the contract, the worker had a reasonable expectation of employment over a longer period. Certain obligations of workers during their employment survive the termination of the employment relationship, for example.B. confidentiality or use of confidential information and restriction clauses (provided that the restriction clauses are explicit terms of a written employment contract). After an employee is dismissed, employers should consider how best to minimize the risk of workers not complying with these obligations. Employers may be required to consider taking specific measures to protect confidential information to which the dismissed employee has had access or may be retained….

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