The National Employment Standards in the Fair Work Act 2009 (Cth) set out the minimum period of notice that an employer must give to an employee to terminate their employment. These entitlements apply to both national system and non-national system employees.

The obligation to provide notice in accordance with the NES is subject to limited exceptions, including where the employee has engaged in serious misconduct.

A contract of employment or an applicable instrument (ie award or enterprise agreement) may prescribe a longer period of notice than the NES, in which case the more generous provision will apply. In limited circumstances an employee may also have a right to reasonable notice on termination implied into their employment contract.

Failure to provide an employee with the required period of notice may expose the employee to a penalty, or an award for compensation or damages, depending on the source of the entitlement to notice. The circumstances of the termination may also give rise to an unfair dismissal or general protections application.

See Notice of dismissal.

The Fair Work Act 2009 (Cth) (FW Act) only makes provisions for the minimum period of notice that must be given by an employer to an employee when terminating their employment. The notice requirements that apply to a resigning employee are usually set out in an applicable award, enterprise agreement or employment contract.

See Notice of resignation.

When an employment relationship ends, the employer is required to pay the employee:

• outstanding wages for hours worked; and

• any accrued but unused annual leave.

In some cases, an employee must also be entitled to:

• redundancy pay;

• payment in lieu of notice;

• pro-rata long service leave; or

• a gratuity.

Employers should be aware of the different rates of pay used to calculate each entitlement.

See Payments on termination of employment.