- Your employer must tell you if they are going to terminate your employment. This is called ‘notice of termination’.
- The Fair Work Act 2009 requires employers to give a minimum period of notice to employees before terminating their employment. Alternatively, an employer may choose to pay the employee instead of giving this notice. The minimum period varies from one to four weeks depending on how long the employee has worked for the employer.
|
Period of continuous service* |
Period of notice |
|---|---|
|
Not more than 1 year |
At least 1 week |
|
More than 1 year but not more than 3 years |
At least 2 weeks |
|
More than 3 years but not more than 5 years |
At least 3 weeks |
|
More than 5 years |
At least 4 weeks |
- These notice requirements do not apply to some categories of employees (including casual employees) or if you have been terminated because of serious misconduct.
- Your employer is not required to give you notice or ‘payment in lieu of notice’ if your employment is terminated for serious misconduct (e.g. being involved in a fight at work).
What you can do
To see how much notice your employer must give you, check your award, enterprise agreement or contract of employment to see what the notice periods are in your industry or workplace.
You can also contact the Fair Work Infoline on 13 13 94 or chat online with a Live help adviser.
What happens if I’m sacked?
Your employer may be able to cease your employment if:
- your employment contract expires
- business is down
- your job is no longer required
- you fail to perform
- you behave inappropriately.
Laws prohibit dismissals that are harsh, unjust and unreasonable. This is known as ‘unfair dismissal’. To be eligible to make a claim for unfair dismissal you must have been employed for:
- 6 months in businesses with 15 or more employees
- 12 months in businesses with less than 15 employees.
What you can do
- If you think you have been dismissed unfairly, or that your dismissal was unlawful (e.g. because of your sex or age) you can seek advice from Fair Work Australia on 1300 799 675. Don’t forget that you must lodge your claim within 14 days of being dismissed.