workplace law

ii) The most common type of termination is a dismissal with notice or payment in lieu of notice, but for summary dismissal may occur where an employee’s conduct amounts to serious misconduct sufficient to justify instant dismissal. Normally summary dismissal is given when there is a serious breach where an employee breach goes to the root of the contract where the employee has no intention to continue the contract of employment in a lawful manner then the employer has the right to terminate the contract on the spot. For example, disobedience , embezzlement, dishonesty and serious misconduct are example for summary dismissal.

For example the case of ISMET HUSSEIN and WESTPAC BANKING CORPORATION , WestPac has issue a summary dismissal of Hussien who engage in criminal conduct outside of his employment which was charge for fraud. Fraud was directly relevant to his performance of an employee of Westpac and he was dealing with mortgages and loans. The serious nature of the dishonesty offence to which the applicant pleaded guilty. Banks and financial institutions rely on the public having trust in them thus the summary dismissal of Hussein (Hussein v Westpac (1995)).

Another example of the case of Concut PTY LTD and WORRELL, Concut has issue a summary dismissal to Worrell who uses company labour and resources to build his own house. As Worrell has engage a serious misconduct thus to the summary dismissal (Concut v Worrell (2000)).

Also the employer can terminate the employment contract immediately if the employee has abandon the job for a long period, death of the employee , transfer of business , Bankruptcy of the business , closing of company . All this are the operation of law which the employee contract can be terminated immediately as the same effect of summary dismissal.