I am assuming that he would be entitled to the same process as any other employee....
A. Minimum entitlements to notice So, you have been sacked or given notice of termination or you wish to resign from your job. Even if you do not wish to pursue the issue of whether a termination was unfair or unlawful, you should still ensure that you receive the proper notice according to law...
www.workplace-lawyers.com.au
Termination
A. Minimum entitlements to notice
So, you have been sacked or given notice of termination or you wish to resign from your job. Even if you do not wish to pursue the issue of whether a termination was unfair or unlawful, you should still ensure that you receive the proper notice according to law and have received payment of your other accrued entitlements. To check whether you have received appropriate notice, you need to consider both your contract and minimum legislative entitlements. There is a minimum entitlement to notice under the Fair Work Act which operates where a written contract is silent on the issue of notice or provides for less than the minimum required by legislation. The only exception to this requirement is
if an employee has been sacked for gross misconduct and there is no challenge to the validity of the sacking. If an employee accepts that their termination is due to their gross misconduct, they will not be entitled to payment for notice although they will be entitled to payment for any annual leave owed.
The article does provide more information of course but this extract sort of covers the situation we have at the moment and the procedure having to be followed........
A dismissal will be unfair if the dismissal:
- was harsh, unjust or unreasonable;
The criteria for deciding whether a dismissal was harsh, unjust or unreasonable include:
- whether there was a valid reason for the dismissal related to the person’s capacity or conduct;
- whether the person was notified of that reason;
- whether the person was given an opportunity to respond to the reason;