Am I Being Terminated? What Constitutes Termination?

Being terminated from employment means the employee no longer works for an employer. An employer must clearly communicate a termination of employment to an employee. The termination must come in the form of written notice.

Under the Fair Work Act 2009 (Cth), a termination of employment is not effective unless the employer has given written notice of the day of the termination (which cannot be earlier than the day the notice is given).

Constructive dismissal occurs where an employee resigns but had no effective choice due to conduct engaged in by the employer. Employees who have been dismissed have strict 21-day limitation periods to file general protections or unfair dismissal applications.