Notice of termination

https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/dismissal-how-much-notice#1973-1982


  • 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 year1 weeks2 weeks
1-3 years2 weeks3 weeks
3-5 years3 weeks4 weeks
>5 years4 weeks5 weeks



How to give notice

https://www.fairwork.gov.au/ending-employment/notice-and-final-pay#:~:text=To%20end%20an%20employee's%20employment,employee's%20last%20known%20address%2C%20or

Pay in lieu of notice

https://www.fairwork.gov.au/ending-employment/notice-and-final-pay#:~:text=To%20end%20an%20employee's%20employment,employee's%20last%20known%20address%2C%20or

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.