What is a notice period?
A notice period refers to the minimum time either an employee or employer must give before ending employment. It is typically outlined in an employment contract, award, or agreement. While notice can be verbal, written notice is generally preferred as it provides a formal record.
Why have notice periods?
Notice periods allow for a smooth transition by giving both parties time to prepare. Employers can arrange staffing, and employees have time to seek new opportunities. A clear notice period also reduces the risk of disputes and claims related to unfair dismissal.
How long must an employer provide notice of termination in the event of dismissal?
| Employee’s period of continuous service | Minimum period of notice |
| No more than 1 year | At least 1 week |
| Over 1 year but no more than 3 years | At least 2 weeks |
| Over 3 years but no more than 5 years | At least 3 weeks |
| Over 5 years | At least 4 weeks |
Note that employees over 45 years old who have completed at least 2 years of service when they receive notice must be given an additional week of notice.
What is the required notice period when an employee resigns?
The notice period starts the day after the employee gives notice and ends on the final day of employment. The required length of notice depends on the terms set out in the employment contract, award or agreement. Employers should review these documents to ensure compliance.
What happens after an employee provides notice?
Once an employee provides notice, the employer must confirm its accuracy. Employers cannot reject a resignation but should acknowledge it and ensure the employee continues working as usual until the notice period ends.
Do casual employees need to give notice?
Under the National Employment Standards, casual employees typically don’t need to provide notice unless specified by an award, agreement or contract.
What about award-free employees?
Employees not covered by an award or agreement may not be required to give notice, but the terms of their contract may state otherwise. If no notice period is specified, employees are generally expected to provide reasonable notice. Reasonable notice refers to the amount of notice an employee should give based on the circumstances of their employment. This may be influenced by length of employment, nature of the role, industry standards, and the employee’s contract.
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