•  Summary

Forms of termination

There are a number of ways in which an employment relationship can be terminated. These are:

• effluxion of time (this occurs when an employment relationship is for a fixed period of time and that fixed period of time has terminated);
• the employee tenders his or her resignation to the employer;
• the employer terminates the employment relationship by giving notice;
• the employer terminates the relationship alleging underperformance on the part of the employee; and
• the employer terminates the relationship on the basis that the employee’s position becomes redundant.

This commentary has been authored for LexisNexis by Elise Margow. The first issue of this title was prepared by Francis Marks, LLM (Syd). Subsequent issues of the title were updated by Joe Catanzariti BA, LLB, Partner, Clayton Utz and Yaseen Shariff BEc (Social Science), LLB (Hons), Barrister-at-Law and Michael Byrnes B Bus, LLB (Hons) (with the assistance of Sadaat Cheema and Nicole Landerer).

This commentary is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.