FAQ

I am a practice owner and my supervisors have left the practice – what do I do with my trainees?

The NTCER outlines your minimum employment terms and conditions

Read the full NTCER

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ANSWER

Whether a practice can lawfully terminate a registrar’s employment in these circumstances is context-dependent, and a registrar may have several legal claims available to them in respect of any decision by a practice to terminate their employment (such as a wrongful dismissal claim under the common law, or certain claims under statute).

Generally, and subject to some exceptions:

  • registrars should continue to receive their usual pay (as per the conditions they signed onto under their current employment contract) unless and until their employment is terminated. 
  • practices should provide registrars with the minimum period of notice of termination (or payment in lieu of notice) required, if any, under their contract of employment and/or the National Employment Standards (whichever is greater) if their employment is terminated before the specified end date in their contract; and
  • if a registrar’s employment contract does not contain a notice of termination clause, and a practice terminates their employment before the specified end date in their contract, the practice may (depending on the circumstances) have breached the registrar’s contract. In that case, the registrar may be entitled to compensation for the remainder of the agreed term.

Practices are required under the Fair Work Act and in accordance with clauses 6.1 and 20 of the NTCER to pay out a registrar’s annual leave on termination of their employment. GPRA encourages registrars and practices to seek legal advice in these circumstances.