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Termination of employment
The Public Service Act 1999 provides a number of specific grounds upon which the employment of an employee may be terminated. Any such termination must, however, also comply with the requirements of the Fair Work Act 2009.
The Commission’s guidelines, Terminating APS employment: The legislative framework provide agencies with information on:
- the different grounds of termination set out in section 29 of the PS Act; and
- the legal requirements governing termination of employment, particularly those applying under both the PS Act and the FW Act.
The guidelines also touch on the requirements of administrative law, anti-discrimination laws, superannuation law and industrial instruments.
Current directive publications, circulars & advices:
- Terminating APS employment: The legislative framework
- Circular No 2007/3: Post Separation Employment: Policy Guidelines
- Circular No 2007/2: The Privacy Act and employee information concerning Code of Conduct matters
- Circular No 2000/2: Australian Industrial Relations Commission decision in respect of a termination of employment
