Commonwealth Consolidated Acts

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Meaning of dismissed

             (1)  A person has been dismissed if:

                     (a)  the person's employment with his or her employer has been terminated on the employer's initiative; or

                     (b)  the person has resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct, engaged in by his or her employer.

             (2)  However, a person has not been dismissed if:

                     (a)  the person was employed under a contract of employment for a specified period of time, for a specified task, or for the duration of a specified season, and the employment has terminated at the end of the period, on completion of the task, or at the end of the season; or

                     (b)  the person was an employee:

                              (i)  to whom a training arrangement applied; and

                             (ii)  whose employment was for a specified period of time or was, for any reason, limited to the duration of the training arrangement;

                            and the employment has terminated at the end of the training arrangement; or

                     (c)  the person was demoted in employment but:

                              (i)  the demotion does not involve a significant reduction in his or her remuneration or duties; and

                             (ii)  he or she remains employed with the employer that effected the demotion.

             (3)  Subsection (2) does not apply to a person employed under a contract of a kind referred to in paragraph (2)(a) if a substantial purpose of the employment of the person under a contract of that kind is, or was at the time of the person's employment, to avoid the employer's obligations under this Part.

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