You can't fire me - I QUIT!

There are many reasons why you may want to terminate a staff member’s employment. It is unfortunate, but workplaces often contain underperforming or difficult employees.

Now, you may know that if you terminate one of your staff member’s employment, you may be liable of a claim for unfair dismissal if that termination was harsh, unjust or unreasonable.

You may think that if that troublesome employee quits you are safe from any Unfair Dismissal claim and having to potentially reinstate the employee or pay them compensation. 

However, this is not the case! Employees that quit may still be able to bring an unfair dismissal claim if they can establish that the employee quit but was forced to by the employer.

The employee must demonstrate show:

• the employer has done something which shows they are no longer ready, willing or able to be bound by the terms of the employment contract (this may involve significant reduction in remuneration, status or responsibility.); and
• without some substantial act of the employer, the employee would not have resigned.
  

If you have further questions, please contact us at frank@franklaw.com.au

This is not legal advice.