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How much notice am I owed?

35 quoted answers, each with its source

The short answer

Under the Fair Work Act, an employer must give written notice of the day of termination, and that day cannot be before the notice is given. The employer must either give notice at least as long as the NES minimum period based on the employee's length of continuous service on the day notice is given, or pay payment in lieu equal to the full amount the employee would have been paid for the hours they would have worked until the end of that period; if the employer pays out the notice, the payment must be made before or on the day of termination, employment ends on the employee's last working day, and leave and other entitlements stop accruing. The notice period starts the day after the employer tells the employee, ends on the last day of employment, and is not extended by leave or public holidays; employees over 45 with at least 2 years of continuous service get an extra week. Serious misconduct removes the notice requirement, and casuals are not entitled to written notice under the NES, but an employment ending during a probation period does not remove the notice entitlement; an award, agreement or employment contract may require a longer minimum notice period than the NES, and an employment contract cannot provide for less than the NES, the relevant award or agreement.

Every part of this comes from the quotes below. How we write these.

What the rules actually say26

Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.

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The Fair Work Ombudsman states that under the National Employment Standards, the notice period includes an extra week for employees over 45 years old who have at least 2 years of continuous service with their employer.

first-party
1 quote from 1 source
Under the NES, employees over 45 years old get an extra week of notice if they have at least 2 years of continuous service with their employer.
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The notice period, according to the Fair Work Ombudsman…

  • starts the day after the employer tells the employee that they are ending their employment.
  • ends on the last day of employment.
first-party
2 quotes from 1 source
starts the day after the employer tells the employee that they’re ending their employment
ends on the last day of employment.
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The Fair Work Ombudsman states that the minimum notice period under the National Employment Standards is based on the employee's length of continuous service on the day they are given notice.

medium confidencefirst-party
1 quote from 1 source
In most cases, an employee gets the minimum notice period under the NES when their employer dismisses them. It’s based on their length of continuous service on the day they’re given notice .
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The Fair Work Ombudsman states that an…

  • award may require a longer minimum notice period than the National Employment Standards.
  • agreement may require a longer minimum notice period than the National Employment Standards.
  • employment contract may require a longer minimum notice period than the National Employment Standards.
first-party
1 quote from 1 source
An award, agreement or employment contract may require a longer minimum notice period than the NES .
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The Fair Work Ombudsman states that an employment contract cannot provide for less than the…

  • National Employment Standards.
  • relevant award or agreement.
first-party
1 quote from 1 source
An employment contract can't provide for less than the NES, the relevant award or agreement.
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The Fair Work Ombudsman states that employees are entitled to a notice period even if their employment ends during their probation period.

first-party
1 quote from 1 source
Employees are entitled to a notice period even if their employment ends during their probation period.
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The Fair Work Ombudsman states that certain employees, including casuals, are not entitled to written notice of termination under the National Employment Standards.

first-party
1 quote from 1 source
Certain employees, including casuals, aren’t entitled to written notice of termination under the NES.
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The Fair Work Ombudsman's documented position on notice period is that where an employer pays in lieu of notice, the amount paid must equal the full amount the employee would have been paid if they had worked until the end of their notice period.

first-party
1 quote from 1 source
the amount paid to the employee must equal the full amount the employee would have been paid if they had worked until the end of their notice period.
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The Fair Work Ombudsman states that leave and public holidays that fall during a notice period do not extend the notice period.

first-party
1 quote from 1 source
Leave and public holidays that fall during a notice period do not extend the notice period.
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For a notice period under the National Employment Standards, continuous service…

  • includes unpaid leave.
  • includes unpaid parental leave.
  • does not include any period of unauthorised absence.
first-party
3 quotes from 1 source
For notice under the NES, continuous service:
includes unpaid leave, for example unpaid parental leave
doesn’t include any period of unauthorised absence.
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The Fair Work Ombudsman states that time spent working as a casual usually will not count towards continuous service for notice.

first-party
1 quote from 1 source
Time spent working as a casual usually won’t count towards continuous service for notice.
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The Fair Work Ombudsman cites Fair Work Act 2009 sections 18, 22, 117, 123, 386 and Fair Work Regulations 2009 regulation 1.07 as the source reference for its dismissal page.

first-party
1 quote from 1 source
Source reference for page: Fair Work Act 2009 sections 18, 22, 117, 123, 386 and Fair Work Regulations 2009 regulation 1.07
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The Fair Work Ombudsman states that if an employer pays out the notice period, the…

  • employee's employment ends on their last working day.
  • employee stops accruing leave and other entitlements.
first-party
1 quote from 1 source
If the employer pays out the notice period, the employee's employment ends on their last working day and they stop accruing leave and other entitlements.
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The Fair Work Ombudsman states that if an employer chooses to pay an employee payment in lieu of notice, the employer must make the payment before or on the day of termination.

first-party
1 quote from 1 source
If an employer chooses to pay an employee payment in lieu of notice, instead of the employee working out their notice period, the employer must make the payment before or on the day of termination.
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The Fair Work Ombudsman states that when an employee is terminated for serious misconduct the employer is not required to give the employee notice.

first-party
1 quote from 1 source
When an employee is terminated for serious misconduct, the employer isn’t required to give the employee notice.
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Fair Work Act 2009 section 117(1) prohibits an employer from terminating an employee's employment unless the employer has given the employee written notice of the day of termination.

first-party
2 quotes from 1 source
An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).
117 Requirement for notice of termination or payment in lieu Notice specifying day of termination (1) An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).
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Fair Work Act 2009 section 117(1) provides that the day of termination cannot be before the day the notice is given.

first-party
3 quotes from 1 source
An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).
117 Requirement for notice of termination or payment in lieu Notice specifying day of termination (1) An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).
tion (1) An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).
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Fair Work Act 2009 section 117(2) requires either that the time between giving notice and the day of termination be at least the minimum period of notice worked out under section 117(3), or that the employer pay payment in lieu of notice at the full rate of pay for the hours the employee would have worked over that minimum period.

first-party
5 quotes from 1 source
The employer must not terminate the employee’s employment unless:
(a) the time between giving the notice and the day of the termination is at least the period (the minimum period of notice) worked out under subsection (3); or
(b) the employer has paid to the employee (or to another person on the employee’s behalf) payment in lieu of notice of at least the amount the employer would have been liable to pay to the employee (or to another person on the employee’s behalf) at the full rate of pay for the hours the employee would have worked had the employment continued until the end of the minimum period of notice.
117 Requirement for notice of termination or payment in lieu Notice specifying day of termination (1) An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).
lf) payment in lieu of notice of at least the amount the employer would have been liable to pay to the employee (or to another person on the employee’s behalf) at the full rate of pay for the hours the employee would have worked had the employment continued until the end of the minimum period of notice.
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Fair Work Act 2009 section 118 permits a modern award or enterprise agreement to include terms specifying the period of notice an employee must give to terminate their own employment.

first-party
2 quotes from 1 source
A modern award or enterprise agreement may include terms specifying the period of notice an employee must give in order to terminate his or her employment.
118 Modern awards and enterprise agreements may provide for notice of termination by employees A modern award or enterprise agreement may include terms specifying the period of notice an employee must give in order to terminate his or her employment.

Measured finding3

Something someone actually measured, with the method attached.

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The Fair Work Ombudsman states that…

  • its most viewed fact sheet was notice of termination and redundancy pay.
  • parental leave and related entitlements followed its most viewed fact sheet.
  • maximum weekly hours followed its most viewed fact sheet.
low confidencefirst-party
1 quote from 1 source
The most viewed fact sheet was notice of termination and redundancy pay, followed by parental leave and related entitlements, and maximum weekly hours.

Practical effect1

What is observed to happen in practice, as distinct from what is documented.

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The Fair Work Ombudsman states that most awards require employers to pay employees their final pay within 7 days after their last day of employment.

first-party
1 quote from 1 source
Most awards require employers to pay employees their final pay within 7 days after their last day of employment.

Often said, but we could not find it in the rules5

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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Employsure asserts that an employer must legally notify a retrenched employee in writing and give them the correct notice period or payment in lieu of notice.

vendor
1 quote from 1 source
Legally you must notify the retrenched employee in writing and give them the correct notice period (or payment in lieu of notice).
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Employsure asserts that how much notice an employer should give an employee depends on…

  • the nature of the employee's employment.
  • how long the employee has been employed in the business.
  • the terms contained within the Fair Work Act, or applicable Modern Award or Enterprise Agreement.
vendor
1 quote from 1 source
How much notice the employer should give the employee depends on the nature of the employee’s employment, and how long they have been employed in the business and the terms contained within the Fair Work Act, or applicable Modern Award or Enterprise Agreement.
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Employsure asserts that employers who fail to give an adequate notice period might be in breach of a modern award, an employment agreement, the National Employment Standards or a common law employment contract.

medium confidencevendor
1 quote from 1 source
Employers who fail to give adequate notice might be in breach of: A modern award An employment agreement The National Employment Standards (NES) A common law employment contract