The Fair Work Act (2009) (Cth) stipulates the minimum period of notice parties to employment need to give each other when ending the relationship. However, a notice period greater than this minimum can be stipulated in the employment contract.

It is common knowledge that employers looking to terminate an employee’s employment must abide by certain requirements before terminating an employee, to ensure that there is no risk that an aggrieved former employee will have grounds on which to commence unfair dismissal proceedings. These provisions exist to protect employees where it is found that the dismissal was harsh, unjust or unreasonable.

Whilst many employers might feel justified in using a criminal record as a reason not to hire someone or in terminating an employee, the law does not always necessarily agree. Criminal records of prospective, or current, employees can be a challenge for employers to deal with. However, with careful consideration of the issues at hand, it is possible for employers to manage situations involving employees and job applicants with criminal records.

A recent case in the Fair Work Commission found an employee who continuously touched a female co-worker was fairly dismissed despite the co-worker not telling him to stop.