My employer didn't give me notice of termination. How much notice am I entitled to?

What the Law Says

The National Employment Standards (NES) in the Fair Work Act 2009 set the minimum notice periods employers must give before terminating an employee’s employment — unless a modern award, enterprise agreement, or contract provides more.

The notice period depends on how long you’ve worked for your employer and your age. If you’re under 45, you’re entitled to 1 week’s notice after at least 1 year of service. The required notice increases with service length — up to 5 weeks for employees with 5 or more years’ service.

If you’re aged 45 years or older and have completed at least 2 years of continuous service, you get an extra week’s notice — meaning up to 6 weeks maximum.

These are minimum entitlements. Your award, agreement, or employment contract may provide longer notice periods, which override the NES minimums.

Statutory Text

An employer must not terminate an employee's employment unless the employer has given the employee written notice of the day on which the termination will take effect.

— Fair Work Act 2009, s.117(1) — Notice of termination

Statutory Text

The notice period is: (a) 1 week — if the employee has completed less than 1 year of continuous service; (b) 2 weeks — if the employee has completed at least 1 year but less than 3 years of continuous service; (c) 3 weeks — if the employee has completed at least 3 years but less than 5 years of continuous service; (d) 4 weeks — if the employee has completed at least 5 years of continuous service; (e) plus 1 week — if the employee is over 45 years old and has completed at least 2 years of continuous service.

— Fair Work Act 2009, s.117(2) — Period of notice

What to Do

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