We think you are in Victoria. If not please click 'Change'

In your state, you are required to confirm you wish to access this information. Please enter 'QLD' or 'WA' in the field below to continue.

No thanks

Radio stars dumped: What every Aussie worker needs to know


KiisFm unceremoniously fired Kate Langbroek, Dave Hughes, Meshel Laurie and Matt Tilley on Friday last week. The popular radio hosts were axed from their respective radio shows without warning or a chance to say goodbye to listeners. The radio announcers were supposed to finish their on-air duties on Friday, 8 December.

According to news reports, Hughesy and Kate had upset bosses by announcing their defection to rival Hit Network next year live on air.

It’s not uncommon for workers to apply for a job of similar rank and title at a rival company. When that happens, many employers have been known to ‘walk’ employees who have decamped to a competing company. But is it legal?

Shine Lawyer’s Professional Negligence Lawyer, Christie Toy answers some legal questions surrounding this tricky situation.

What right does a company/manager have to end your contract early if you’ve already resigned?

If you’ve resigned and owe your employer a notice period, then your employer still needs to allow you to either work through that notice period or pay you in lieu.


If an employer doesn’t want you to hang around the business during your notice period, they have the option of paying out that time. However, they can’t simply fire you to avoid paying that notice out in lieu.

Some contracts of employment for executives have clauses allowing the manager to put the employee on a period of ‘garden leave’. The employee will receive a written direction to stay home or complete alternative duties for their notice period while receiving their normal remuneration.

However, just because an employee has resigned does not mean they’re immune from being fired should the employer have valid grounds to do so. But an employee shouldn’t be dismissed just so their boss can avoid them working out or paying out their notice period.

Click here for our go-to guide on what to look for when resigning from your place of work

What about if you haven’t resigned, under what grounds can you be fired abruptly?

An employee can be fired without receiving payment for notice if they commit an act of ‘serious misconduct’. The type of conduct here includes:

  • High level fraud
  • Theft
  • Assault
  • Being drunk at work
  • Causing an imminent risk to the health and safety of others, or
  • Damaging the company’s reputation.

An employer would still need to establish the employee engaged in such conduct and provided a proper process.


With a high profile position like a radio gig, does a host have any right to request a proper goodbye to listeners/viewers?

No, not unless this was provided for in a contract of employment or some other agreement had been reached.

What legal action can either party take?

Employees who have been fired abruptly and believe they have been unfairly dismissed can lodge a claim with the Fair Work Commission within 21 days of their dismissal taking effect.

Those employees who have not been paid their notice period can take this up with the Fair Work Ombudsman.

Shine Lawyers – Your employment law experts

If you’ve been abruptly let go from your employment, you don’t have to grin and bear it. Every worker has rights and these rights are enforceable at law.

Shine Lawyers are employment law experts and are well-versed in all aspects of workplace law. We’ll listen to your story, assess your circumstances and provide practical, tailored solutions to your employment dispute. Get in touch today to ensure your rights and entitlements are upheld.

Related information:

Written by Shine Lawyers on . Last modified: November 28, 2017.

Join the discussion

Share this article:

There are 0 comments. Be the first!

Dos and don’ts for your work Christmas party

For some, Christmas parties are a time to let your hair down, bond with your colleagues and celebrate the closing of another year. For others, the forced festivity is an ordeal to be survived. No matter where you fall on this spectrum, it’s important to remember that you may be off the clock but you’re […]

Read more

The ‘yes’ vote: What it means for your workplace

Australia has said ‘yes’. Results from the Turnbull government’s Australian Marriage Law postal survey have confirmed 61.6% of responders are in favour of changing the law to allow same-sex couples to marry. On the day the results were revealed, a bill was introduced into parliament to legalise same-sex marriage. The outcome of the survey and […]

Read more

Fruit pickers, take note

Come harvest time, most Australian farmers are desperate for good workers.  For backpackers fruit picking is a relatively easy job to secure between December and July, but the work itself is far from a walk in the park.  Days are long, with repetitive and physically demanding tasks in very hot and humid conditions. Backpackers, know […]

Read more

Call Us Now

Our friendly consultants are available to talk Monday to Friday, 8:15am to 6:00pm AEST.

1800 618 851

Live Chat

Chat with Shine Lawyers through the livechat system without leaving your computer. No downloading, completely private and best of all - its easy to use.

Start a live chat now

Enquire Now

Enquire now