Notice of termination is a National Employment Standards entitlement under section 117 of the Fair Work Act, separate from redundancy pay.
The scale
- 1 week — under 1 year of continuous service
- 2 weeks — 1 to 3 years
- 3 weeks — 3 to 5 years
- 4 weeks — more than 5 years
The age loading
Employees over 45 years old who have completed at least 2 years of service when they receive notice are given an additional week.
The maximum statutory notice is therefore 5 weeks.
Payment in lieu
An employer must not dismiss an employee unless they have either given the notice or paid the employee instead of giving notice.
Payment in lieu is at the employee's full pay rate, as if they had worked the minimum notice period.
That is a different basis from redundancy pay, which uses the base rate for ordinary hours.
Notice and redundancy stack
They are separate entitlements calculated on different scales under different sections. An employee made redundant is generally entitled to both.
If your settlement shows only one figure, ask which it is.
Contracts and awards can improve on it
A modern award, enterprise agreement or contract may provide longer notice than the NES minimum. Check what applies to you.
Exclusions
The NES does not require notice for certain categories, including weekly hire employees in the meat industry whose termination depends on seasonal factors — though not where termination is for other reasons.
Your final pay
Should include:
- Notice, or payment in lieu
- Redundancy pay, where applicable
- Accrued leave
- Any outstanding entitlements
If something is missing
The Fair Work Ombudsman investigates underpayments, on 13 13 94.
Never leave without payment in lieu if notice was not worked.