South Australian Consolidated Acts South Australian Consolidated Acts58C—Notice of termination of employment to be given in certain cases
(1) If a worker has
suffered a compensable disability, the employer from whose employment the
disability arose must not terminate the worker's employment without first
giving the Corporation and the worker at least 28 days notice of the proposed
termination.
Maximum penalty: $15 000.
(2) However, notice of
termination is not required under this section if—
(a) the
employment is properly terminated on the ground of serious and wilful
misconduct; or
(b) the
worker is neither receiving compensation, nor participating in a
rehabilitation program, for the disability; or
(c) the
worker's rights to compensation for the disability have been exhausted or the
time for making a claim for compensation has expired.
[In legal proceedings, the burden of establishing that an employer terminated
a worker's employment on the ground of serious and wilful misconduct lies on
the employer.]