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  • Writer's pictureBrian AJ Newman LLB

Dismissed by an employer while on workers compensation (Australia)

Updated: Jan 23

Under the National Employment Standards, if an employer dismisses an employee while they’re away from work on workers’ compensation, they need to give the employee written notice.

Blog sourced by: Brian AJ Newman LLB - Chief Executive Officer of 1800ADVOCATES and Workers First (Workplace and Human Rights Advocates)

Employers can choose to:

  • give the employee their minimum notice period which can run at the same time as their absence on workers’ compensation

  • pay out the notice (also known as a payment in lieu of notice), or

  • give a combination of the two.

Employees who are covered by an award, enterprise agreement, other registered agreement or employment contract should check if they have different notice of termination entitlements for when they are away from work on workers’ compensation as they may be entitled to payment in lieu of notice.

Need to know more?

Contact Advocacy International - on 1800 238 622 or

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