‘Out of the ordinary’ terminations

Some types of termination situations only happen rarely. These may include abandonment of employment by the employee, repudiation of the employment contract by either the employer or employee, death of the employee, or the employee is unable to continue working (or to resume work), because of long-term injury or illness. Many of these situations will require specific procedures to be followed. Employers who encounter them should seek further advice from their employer association or a legal adviser.

Where the employee is involved in a workers compensation or other insurance-related issues, seek advice in advance of the dismissal and keep your insurers informed during the process, preferably in writing. Inform other people who will be affected by the employee’s departure, such as other employees or external people who regularly deal with the employee.

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