Employment Separation Certificate

Author: Ian Aldridge, Progressive Legal

Are you curious as to what an Employment Separation Certificate (ESC) is and its purpose? Are you an employer that wants to know how to issue an ESC correctly?

On this page we’ll give you all the information you need by delving into the importance of an Employment Separation Certificate and the information it should include. We’ll then look at what it’s used for and why you might need it followed by some other important points to consider. Let’s get into it.

What is an Employment Separation Certificate?

An Employment Separation Certificate (ESC) is a document issued by an employer to an employee upon request when their employment ends. It’s used to provide information to the Australian Government to assist in determining an individual’s eligibility for government benefits, such as unemployment benefits.  

Why are Employment Separation Certificates important?

ESCs are important documents that are used in a variety of different situations. For example, they may be used by individuals who have lost their job due to redundancy or termination, as well as those who have resigned from their position.

In each case, the Employment Separation Certificate is used to provide information about the nature of the individual’s employment, as well as the reason for their separation from that employment. 

They are a valuable tool for both employees and employers. They provide a clear record of an individual’s employment history and can be used to assist in determining eligibility for government benefits, applying for new jobs, and resolving disputes between employers and employees.

As such, it is important for both employees and employers to understand the importance of Employment Separation Certificates and to ensure that they are issued and requested in a timely and accurate manner. 

What information should appear on an Employment Separation Certificate?

The Australian Government has specific requirements for the content of ESCs. These requirements are set out in the Fair Work Regulations 2009 (Cth) and include details such as the employee’s name and address, the name and address of the employer, the employee’s start and end dates of employment, the reason for the separation, and information about any notice period or payment in lieu of notice.

Here are the details stated inside an ESC:

• Employee details 
• Employee position and employment period 
• Employer details 
• The date your employment ended 
• The gross weekly wage 
• The final pay 
• The duration and amount of any leave or redundancy benefits received after leaving the job 
• Any pending amount owed by the former employer 
• The reason the employment ended – if they left work because of industrial action or voluntarily and any personal injury compensation details 

What is an Employment Separation Certificate For?

The ESC is important because it provides proof of employment for an individual, especially when seeking new jobs and needing to provide verification of their job history. It can also be needed for record-keeping for both parties— the employee and the employer and will clarify the terms such as the reason they left and any notable circumstances that need to be addressed. 

One of the primary uses of Employment Separation Certificates is to assist in determining an individual’s eligibility for government benefits.

For example, when an individual applies for unemployment benefits, they are typically required to provide evidence of their separation from their previous employment. This evidence may include an Employment Separation Certificate, which provides key details about the individual’s employment history and the reason for their separation from their previous job. 

In addition to assisting with the determination of government benefits, Employment Separation Certificates can also be used by individuals when applying for new jobs. Many employers require applicants to provide evidence of their previous employment, and an Employment Separation Certificate can be a useful document to provide in this context.

This is because the Employment Separation Certificate contains crucial details about the individual’s employment history, including their job title, duties, and earnings. 

Another important use of Employment Separation Certificates is in the resolution of disputes between employers and employees. In cases where an employee has been terminated from their job, they may wish to dispute the reason for their termination or the way it was carried out.

Check out our page on unlawful termination for more information here.

In such cases, the ESC can provide important evidence to support the employee’s claim. For example, if the Employment Separation Certificate indicates that the employee was terminated without notice, this may be used to support a claim for unfair dismissal. 

Why do we need an Employment Separation Certificate?

The employment separation certificate is often needed and is an essential requirement for processing various matters. Employers must be able to complete and sign the form upon request by Services Australia, Centrelink, or a former employee. 

According to Services Australia, the employment separation certificate will help them identify the right pay amount the former employee should receive from the correct date however, it should be completed and produced by the employer within 14 days upon request. 

Centrelink will need the same form to assess the eligibility of income support payment claims and ensure any waiting periods or non-payment periods are correctly set and that the individual has received her first payment from the right date. It also checks for any redundancy or termination payment, including the amount and days it covers, and the reason for termination.

Make an enquiry below to benefit from our our extensive expertise in employment law and to ensure compliance with the requirements of Services Australia and Centrelink.

Can a Casual Employee request an Employment Separation Certificate?

The employment separation certificate may be required for any employee who has been dismissed or has resigned from employment, may it be a permanent employee or casual. It will also be needed when changing employment type from a permanent role to a casual one or if the work hours have been reduced. 

What if your employer refuses to get you the employment separation certificate?

If a former employer cannot provide you with the form, the employee can ask Centrelink to request the certificate on your behalf. However, if it takes too long you can contact Centrelink and make a report. The Social Security (Administration) Act of 1999 states that if your employer refuses to provide you with an employment separation certificate, doing so could result in “imprisonment for a term exceeding 12 months.” 

Employment Separation Certificates are typically issued by the employer at the time of the employee’s separation from their job. However, in some cases, an employee may need to request an Employment Separation Certificate from their former employer. This may be necessary if the employee did not receive an Employment Separation Certificate at the time of their separation, or if the original certificate has been lost or damaged. 

When requesting an Employment Separation Certificate, it is important to provide the employer with all the necessary information, such as the employee’s name, address, and employment start and end dates. The employer will then typically issue the Employment Separation Certificate within a reasonable period, often within 14 days of the request being made. 

It is important to note that an Employment Separation Certificate is different from a reference or recommendation letter. While an Employment Separation Certificate provides information about the nature of the employee’s employment and the reason for their separation from that employment, a reference or recommendation letter may provide additional information about the employee’s skills, qualifications, and performance in their job. 

Key Takeaways

In conclusion, Employment Separation Certificates are important documents that provide valuable information about an individual’s employment history and the reason for their separation from their job. They are used in a variety of different contexts, including the determination of government benefits, the resolution of disputes between employers and employees, and the application for new jobs.

If you are an employee who has recently been separated from your job, it is important to ensure that you receive an Employment Separation Certificate as it may be necessary for a variety of reasons. And if you are an employer, it is important to ensure that you issue Employment Separation Certificates to your employees in a timely manner, as failure to do so can result in penalties and fines.

At Progressive Legal, we understand the critical role ESCs play in various legal matters, such as job applications, dispute resolution, and regulatory compliance. Whether you need assistance in obtaining or verifying ESCs, ensuring the accuracy of information, or protecting your rights in ESC-related issues, we’re here to help.

With our in-depth knowledge and experience, we strive to provide tailored solutions and exceptional guidance. You can trust us to navigate the complexities of ESCs as we strive to achieve the best possible outcomes for your legal workplace needs. Contact our workplace lawyers on 1800 820 083 or simply make an enquiry below.

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