Sacked mean to remove someone from a job, usually because they have done something wrong or badly, or sometimes as a way of saving the cost of employing them.

Sacking people is becoming even easier – and dealing with the stigma can be difficult. But, as Laura Marcus writes, there are ways to survive and find new employment

Australia’s workplace laws are governed by the Fair Work Act 2009 (Cth). Under s 386 of this Act, an individual is considered sacked from their employment either when they have been sacked at their employer’s initiative, or were forced to resign as a result of the conduct of their employer.

There are different types of Getting sacked

1. Sacked for Misconduct

2. Sacked for Out-of-Hours Conduct

3. Sacked for Serious Misconduct

4. Sacked for fighting or assault

5. Affecting Safety & Welfare of Employees

6. Sacked for Performance

7. Sacked for Incapacity

8. Abandonment of Employment

9. Redundancy



Sacked for Misconduct



People can be sacked for taking part in wrongdoing in the work environment, as long as the justification for being sacked is substantial. Sacked for unfortunate behavior for the most part happens when the worker breaks organization strategy or a sensible and legitimate heading legitimate bearing of their manager.



Sacked for Out-of-Hours Conduct



It is exceptionally uncommon that a worker's out of hours direct will convince their manager to end them. Confidential exercises of people will ordinarily be past the extent of business guideline, except if the out of hours direct is appropriately associated with the work relationship.

As per Rose v Telstra, a business might have legitimate motivation to fire the worker if the out of hours direct includes one of the accompanying conditions:

The lead can impartially be considered to make serious harm the business relationship.

Sacked for fighting or assault

An employee may be sacked for fighting or assault, which would usually be classified as serious misconduct. Firstly, physical violence is deliberate and not tolerated in the workplace (first element), and secondly, fighting or assault may threaten the health and safety of a colleague and may also tarnish the company’s business interests (second element).

More often than not, if an employee has engaged in fighting or assault in the workplace, the employer would have a valid reason to sack them. However, the occurrence of the alleged assaults must be proven to give valid reason for being sacked.

Sacked for Abandonment of Employment

An employee may be sacked for abandoning their employment. An employee is deemed to have abandoned their employment if they stop attending their workplace, without an explanation or valid excuse.

In such circumstances, being sacked at the employer’s initiative is valid because in not attending work, the employee has demonstrated that they are unwilling or unable to substantially perform their employment obligations, as per their contract. Even though the employer is choosing to terminate the employee, the conduct of the employee is the one that ends the employment relationship as they are evincing that they no longer intend to be bound by their contract.

Ultimately, the legal test for whether an employee has abandoned their employment is if the employee’s conduct would convey to a reasonable person, in the employer’s position, that they are renouncing all or part of the employment contract.

Sacked for affecting the safety and welfare of other employees

An employee may be sacked if the employee’s conduct or capacity affects the safety and welfare of other employees. This is usually classified as serious misconduct.

An employee can be sacked on this basis if their conduct was deliberate or willful and posed a risk to the health and safety of other employees. Usually, Occupational Health and Safety (OHS) standards will have been breached.

You are sacked no matter in which situation and in which type you can come to us for help and For more assistance and for more help we are available Fight for your rights under the law Unfair Dismissals Australia is owned and operated by AWDR Australia’s leading workplace representatives. We specialize in the resolution of workplace disputes and unfair dismissals. Our services also include workplace bullying, sexual harassment and discrimination. If you have an enquiry please take the time to get in touch with us here : https://unfairdismissalsaustralia.com.au/