No, you generally cannot be fired simply for looking for another job in Australia, as it's not inherently harsh, unjust, or unreasonable, but your employer can dismiss you if the way you look for a new job breaches your employment obligations (like using work time/resources, harming the business, or breaching confidentiality). While you're protected from unfair dismissal for job searching, employers might find other valid reasons for termination, so discretion is important, and job searching should always be done outside work hours and without misusing company resources.
Without a contract clause prohibiting job hunting, employers generally cannot dismiss solely for seeking other employment. However, dismissal may occur if performance or conduct issues arise. Redundancy processes must follow fair criteria; being on a redundancy list requires legitimate business reasons.
If there are no questions about prior terminations on the job application, you can wait until a later stage in the hiring process to explain, if asked. There is a yes or no question about termination on the application. If there is a yes or no question on the application, be honest.
What to do if you find out your employee is looking for another job
It's better not to jeopardize your current position until you've accepted an offer for a new job. Nevertheless, when it is time to tell your current boss, remember to be polite and at your professional best. It is best not to burn any bridges.
The "3-month rule" in a job refers to the common probationary period where employers assess a new hire's performance, skills, and cultural fit, while the employee learns the role and decides if the job is right for them; it's a crucial time for observation, feedback, and proving value, often with potential limitations on benefits until the period ends. It's also advice for new hires to "hang in there" for three months to get acclimated and evaluate the job before making big decisions.
Then it might be best to move on, even before securing another job. If your employer asks why you're looking elsewhere, be honest (even if it's a tough conversation). From there, you can either offer to stay while you job hunt or give notice on the spot—it depends on what feels right for you in the moment.
A 30-60-90 day plan is a document used to set goals and strategize your first three months in a new job . 30-60-90 day plans help maximize work output in the first 90 days in a new position by creating specific, manageable goals tied to the company's mission and the role's duties and expectations.
Examples of quiet firing may include:
Excluding an employee from key meetings and projects. Giving an employee less desirable duties. Having an employee report to an office that is further away. Providing other subtle hints that an employee's presence is no longer valued.
The biggest red flags at work often center around toxic leadership, poor communication, and a high-turnover culture, signaling deep issues like micromanagement, lack of transparency, burnout, and disrespect, where problems are normalized and employee well-being is ignored in favor of short-term gains. Key indicators include managers who don't support staff, excessive gossip, broken promises, constant negativity, and environments where speaking up feels unsafe or pointless, often leading to high employee churn.
The five generally accepted fair reasons for dismissal are Conduct, Capability/Performance, Redundancy, Statutory Illegality (breach of statutory duty), and Some Other Substantial Reason (SOSR), all requiring a fair process including investigation, warnings (usually), and opportunity for the employee to respond. These cover an employee's behavior (misconduct), ability to do the job (performance/health), the job no longer existing (redundancy), legal restrictions (losing a license), or other significant business reasons like irreparable personality clashes.
Deciding whether to tell your employer you're seeking a new job is a personal choice. The right decision depends on a few key factors, such as your company's culture and your relationship with your manager.
This is where the 70% rule comes in—a powerful job-search strategy that encourages you to apply for roles where you meet at least 70% of the listed criteria. Here's why it works: Your Skills Are More Transferable Than You Think.
The "redundancy 4 week rule" in Australia refers to the minimum redundancy payment for employees with 1 to 2 years of continuous service, entitling them to 4 weeks of pay, as part of the National Employment Standards (NES). This is the lowest payment tier, with amounts increasing for longer service, up to 12 weeks for 10+ years, excluding small businesses (under 15 staff) and casuals.
Theoretically, it's better if you resign because it shows that the decision was yours and not your company's. However, if you leave voluntarily, you may not be entitled to the type of unemployment compensation you could receive if you were fired or laid off.
If workplace bullying, harassment, or excessive stress led to a diagnosed mental health condition such as an anxiety disorder or depression, you may have grounds for a legal claim against your employer for failing to provide a safe work environment.
What are the rules for a 9/80 schedule? Employees in a 9/80 schedule receive an extra day off every two weeks, but must still work a total of 80 hours during that time. To reach that mark, they work eight nine-hour days and one eight-hour day.
Melnick invoked Dr. Elisabeth Kübler-Ross' “Five Stages of Grief”: denial, anger, bargaining, depression, and acceptance, as a way to understand why a job loss can be so devastating.
The aim of quiet retaliation is to undermine the employee's confidence, isolate them socially and make their working life difficult enough that they back off on the concerns they've raised or leave the company voluntarily.
The biggest red flags in an interview often involve toxic culture indicators like the interviewer badmouthing past employees, aggressive pressure to accept quickly, extreme vagueness about the actual job, or a disorganized process. These signal potential issues with management, a poor environment, or a desperate need to fill the role, rather than finding the right fit, showing a lack of respect for you or the position.
The three golden rules of an interview are Be Prepared, Be Professional, and Be Yourself, emphasizing thorough research, appropriate conduct, and genuine personality to showcase competence and fit for the role, ensuring you understand the job and company while presenting your authentic, confident self.
The 5 Cs of interviewing are a framework for evaluating candidates, focusing on Competence (can you do the job?), Character (are you reliable & ethical?), Culture Fit (will you align with the team?), Communication (can you articulate clearly?), and often Confidence, Commitment, or Curiosity, depending on the source, helping interviewers assess soft skills and potential beyond just technical abilities.
If your employee is only looking for jobs and hasn't officially quit yet, a great option is to talk to them. Stay interviews are a powerful tool for determining what pain points a worker may be experiencing and can give you a path forward to keep them around.
Refusing an offer
You may lose your right to statutory redundancy pay if you unreasonably turn down suitable alternative employment. You can make a claim to an employment tribunal if you think the job you've been offered is not suitable.
The "7-second resume rule" means recruiters spend only about 7 seconds scanning a resume initially to decide if it's worth a deeper look, making first impressions crucial for grabbing attention with clear formatting, a strong summary, and relevant keywords from the job description. To succeed, focus on clean layouts (ATS-friendly), a concise professional summary, tailored keywords, and bullet points highlighting recent, relevant achievements, ensuring it passes both Applicant Tracking Systems (ATS) and the quick human scan.