Document ID: chunk:federal_register_of_legislation:C2025C00150:section:386
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 386
Character Range: 1003024–1004510

386  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.