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What is Notice of Termination?| Fairwork Online


What is Notice of Termination?

Notice of termination is the notice period that must be given by an employer to an employee (or sometimes the other way around) when the employer intends to terminate the employee's employment.

The notice periods below do not apply to any of the following employees:

  • An employee employed for a specified period of time, for a specified task, or for the duration of a specified season
  • An employee who is terminated because of serious misconduct
  • A casual employee
  • A trainee

If an employer terminates an employee, the employer must provide the employee with at least the minimum period of notice in writing, or pay them an amount which is equal to the amount that they would have earned if the employer had given them notice. 

The "minimum period of notice" that must be given is as follows:

Period of Continuous Service

Notice Period

Less than 1 year

1 week

More than 1 year but less than 3 years

2 weeks

More than 3 years but less than 5 years

3 weeks

5 years or more

4 weeks

If the employee being terminated is over 45 years of age, and has worked with the employer for at least 2 continuous years, the employer must increase the notice that the employer is required to give them by one (1) week.


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Categories

> General
> National Employment Standards
> Modern Awards
> Record Keeping
> General Protections
> Trade Unions
> Unfair Dismissal
> Unlawful Termination
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