Notice Period

A notice period is the amount of notice an employer must give an employee if they plan to terminate the employee’s employment.

If an employer terminates the employment of a permanent employee they must provide at least the following notice:

 

Length of time employed

Notice Period

Less than 1 year

1 week

More than 1 year, but not more than 3 years

2 weeks

More than 3 years, but not more than 5 years

3 weeks

More than 5 years

4 weeks

 

Who doesn’t get Notice of Termination?

The notice periods above don’t apply to:

  • a casual employee
  • an employee hired for a specific period or task
  • a seasonal employee engaged for a specific season
  • an employee whose employment is terminated because of serious misconduct (for example, an employee, in the course of their employment, engaging in theft, fraud or assault)
  • an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specific period or limited to the duration of the training agreement
  • a daily-hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures)
  • a daily hire employee working in the meat industry in connection with the slaughter of livestock
  • a weekly hire employee working in connection with the meat industry and whose termination is determined solely by seasonal factors.

Do Employees have to give notice if they resign?

Under national workplace laws, an employee doesn’t have to give notice when they resign. Termination notice periods only apply to employers.

However, your employment contract may include terms specifying the period of notice an employee must give in order to resign.

 

This information was last reviewed on 17 June 2010.