3.9.5 Recovery for wrongful termination
A worker can recover compensation from the Agent if their weekly payments have been wrongfully terminated, provided the worker has met their obligations under the legislation.
Wrongful termination might be the result of the Agent failing to give the worker the required period of notice.
The amount can be calculated as either:
- If the Agent failed to send the written notice: the recoverable amount is equal to the compensation that would have been payable during the period of notice.
- If less than the required period of notice has been given: the recoverable amount is equal to the compensation that would have been payable during the balance of the required period of notice.
See: Written notice of alteration/termination | Period of notice
3.9.6 Written notice of alteration/termination
Written notice of an alteration or termination of weekly payments must be sent to the worker.
To terminate or alter weekly payments, the Agent must send:
- a written notice to the worker
- advice to the employer.
There are a small number of situations that do not require a written notice.
See: Exceptions to notice required
If the notice does not contain the necessary information it could be invalid. This could result in the claim being deemed accepted or payments being reinstated from the date of the invalid notice.
See: Contents of notice for the minimum information to be included in the written notice.
If a notice is sent, the worker is deemed entitled to weekly payments:
- until the date specified in the notice has expired
- provided the worker is otherwise entitled to weekly payments.
Send notices by mail or courier
Workers must be provided with a written notice to terminate, reject or alter the amount of weekly payments. Agents may send written notices of rejections or terminations:
- by mail or by courier to the worker’s last known place of residence
- electronically to the worker's email address.
See: Service of adverse determination notices
Keep proof of delivery for rejection notices
Keep proof of service of the adverse decision notice on file. Keep file notes with registered mail and/or courier slips to confirm the notice was delivered. This clearly demonstrates compliance with the legislated time limitations.
Notice for workers paid for less than 12 weeks
Although the legislation does not specify it, WorkSafe requires Agents to send notices to workers who have received weekly payments for less than 12 weeks to advise them of an alteration or termination. This satisfies administrative needs and maintains good customer relationships.
See: Period of notice
Notice is valid if termination date is not exact
The termination notice is not invalid if the termination date is not exactly the end of the first/second entitlement period.
In this case, the termination takes effect on the later date:
- immediately after the completion of the entitlement period or
- specified in the notice.