Notice of termination
- When an employer dismisses an employee, they have to give them notice. The notice period
- starts the day after the employer tells the employee that they want to end the employment
- ends on the last day of employment.
- An employer has to give the following minimum notice periods when dismissing an employee (see table below):
- An employee has to get an extra week of notice if they’re over 45 years old and have worked for the employer for at least 2 years
period of continuous service | ≤45 years old | > 45 years old & completed 2 years of service |
≤1 year | 1 weeks | 2 weeks |
1-3 years | 2 weeks | 3 weeks |
3-5 years | 3 weeks | 4 weeks |
>5 years | 4 weeks | 5 weeks |
How to give notice
Pay in lieu of notice
Who doesn’t get notice
https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/who-doesnt-get-notice
Notice periods don’t apply to employees who:
- are casual
- are employed for a specific period of time or task (eg. a fixed term contract)
- do seasonal work
- are fired because of serious misconduct (eg. engaging in theft, fraud or assault)
- have a training arrangement and are employed for a set period of time or for the length of the training arrangement (other than an apprentice)
- are daily hire working in the building and construction or meat industry
- are weekly hire working in connection with the meat industry and whose termination depends on seasonal factors.
Apprentices and notice
An apprentice gets notice of termination, unless they're:
- employed for a set period of time or task, or
- fired for serious misconduct.
It can help to look at an employee’s employment contract to see if they’ve been employed for a set period of time or task.