In certain situations, an employer may dismiss an employee summarily, so that the employee will not have any right to payment in lieu of notice under the Fair Work Act 2009 (Cth) (FW Act), or claim for wrongful dismissal at common law.

See Summary dismissal.

Conduct by one party to the employment contract that is substantially inconsistent with that party’s contractual obligation(s) may constitute a repudiation of the contract — entitling the other party to end the contract immediately.

Under the FW Act, an employer does not have to provide notice of termination where an employee is dismissed on the grounds of serious misconduct. Serious misconduct is defined in the Fair Work Regulations 2009 (Cth) to incorporate a range of conduct including wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment, and conduct that causes serious and imminent risk to the health or safety of a person or the reputation, viability or profitability of the employer’s business.

See Repudiation of employment contract.