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> GOVERNANCE - home > Employment protection legislation database - EPLex > Australia

Australia - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

Notice period:
Remarks:
  • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
    s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
    - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
    - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
    - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
    - If the length of service is more than 5 years, the notice period shall be 4 weeks.

    In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

    However, according to s123 FWA, the provisions on notice of termination do not apply to the following employees:
    - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
    "(1) (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
    (b) an employee whose employment is terminated because of serious misconduct;
    (c) a casual employee;
    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
    (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
    (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
    - Other employees not covered by notice of termination provisions:
    "(3) (b) 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); or
    (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
    (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
    (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
    • tenure ≥ 6 months
      • 1 week(s).
    • tenure ≥ 9 months
      • 1 week(s).
    • tenure ≥ 2 years
      • employees ≤ 45 years old - 2 week(s).
      • employees > 45 years old - 3 week(s).
    • tenure ≥ 4 years
      • employees ≤ 45 years old - 3 week(s).
      • employees > 45 years old - 4 week(s).
    • tenure ≥ 5 years
      • employees ≤ 45 years old - 4 week(s).
      • employees > 45 years old - 5 week(s).
    • tenure ≥ 10 years
      • employees ≤ 45 years old - 4 week(s).
      • employees > 45 years old - 5 week(s).
    • tenure ≥ 20 years
      • employees ≤ 45 years old - 4 week(s).
      • employees > 45 years old - 5 week(s).

    Pay in lieu of notice: Yes

    Remarks:
    • s117(2) b) FWA.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

    Notice period:
    Remarks:
    • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
      s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
      - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
      - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
      - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
      - If the length of service is more than 5 years, the notice period shall be 4 weeks.

      In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

      However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
      - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
      "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
      (b) an employee whose employment is terminated because of serious misconduct;
      (c) a casual employee;
      (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
      (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
      (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
      - Other employees not covered by notice of termination provisions:
      "(b) 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); or
      (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
      (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
      (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
      • tenure ≥ 6 months
        • 1 week(s).
      • tenure ≥ 9 months
        • 1 week(s).
      • tenure ≥ 2 years
        • employees ≤ 45 years old - 2 week(s).
        • employees > 45 years old - 3 week(s).
      • tenure ≥ 4 years
        • employees ≤ 45 years old - 3 week(s).
        • employees > 45 years old - 4 week(s).
      • tenure ≥ 5 years
        • employees ≤ 45 years old - 4 week(s).
        • employees > 45 years old - 5 week(s).
      • tenure ≥ 10 years
        • employees ≤ 45 years old - 4 week(s).
        • employees > 45 years old - 5 week(s).
      • tenure ≥ 20 years
        • employees ≤ 45 years old - 4 week(s).
        • employees > 45 years old - 5 week(s).

      Pay in lieu of notice: Yes

      Remarks:
      • s117(2) b) FWA.

      Notification to the public administration: No

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

      Notice period:
      Remarks:
      • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
        s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
        - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
        - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
        - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
        - If the length of service is more than 5 years, the notice period shall be 4 weeks.

        In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

        However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
        - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
        "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
        (b) an employee whose employment is terminated because of serious misconduct;
        (c) a casual employee;
        (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
        (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
        (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
        - Other employees not covered by notice of termination provisions:
        "(b) 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); or
        (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
        (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
        (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
        • tenure ≥ 6 months
          • 1 week(s).
        • tenure ≥ 9 months
          • 1 week(s).
        • tenure ≥ 2 years
          • employees ≤ 45 years old - 2 week(s).
          • employees > 45 years old - 3 week(s).
        • tenure ≥ 4 years
          • employees ≤ 45 years old - 3 week(s).
          • employees > 45 years old - 4 week(s).
        • tenure ≥ 5 years
          • employees ≤ 45 years old - 4 week(s).
          • employees > 45 years old - 5 week(s).
        • tenure ≥ 10 years
          • employees ≤ 45 years old - 4 week(s).
          • employees > 45 years old - 5 week(s).
        • tenure ≥ 20 years
          • employees ≤ 45 years old - 4 week(s).
          • employees > 45 years old - 5 week(s).

        Pay in lieu of notice: Yes

        Remarks:
        • s117(2) b) FWA.

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

        Notice period:
        Remarks:
        • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
          s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
          - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
          - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
          - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
          - If the length of service is more than 5 years, the notice period shall be 4 weeks.

          In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

          However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
          - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
          "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
          (b) an employee whose employment is terminated because of serious misconduct;
          (c) a casual employee;
          (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
          (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
          (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
          - Other employees not covered by notice of termination provisions:
          "(b) 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); or
          (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
          (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
          (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
          • tenure ≥ 6 months
            • 1 week(s).
          • tenure ≥ 9 months
            • 1 week(s).
          • tenure ≥ 2 years
            • employees ≤ 45 years old - 2 week(s).
            • employees > 45 years old - 3 week(s).
          • tenure ≥ 4 years
            • employees ≤ 45 years old - 3 week(s).
            • employees > 45 years old - 4 week(s).
          • tenure ≥ 5 years
            • employees ≤ 45 years old - 4 week(s).
            • employees > 45 years old - 5 week(s).
          • tenure ≥ 10 years
            • employees ≤ 45 years old - 4 week(s).
            • employees > 45 years old - 5 week(s).
          • tenure ≥ 20 years
            • employees ≤ 45 years old - 4 week(s).
            • employees > 45 years old - 5 week(s).

          Pay in lieu of notice: Yes

          Remarks:
          • s117(2) b) FWA.

          Notification to the public administration: No

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

          Notice period:
          Remarks:
          • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
            s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
            - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
            - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
            - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
            - If the length of service is more than 5 years, the notice period shall be 4 weeks.

            In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

            However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
            - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
            "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
            (b) an employee whose employment is terminated because of serious misconduct;
            (c) a casual employee;
            (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
            (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
            (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
            - Other employees not covered by notice of termination provisions:
            "(b) 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); or
            (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
            (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
            (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
            • tenure ≥ 6 months
              • 1 week(s).
            • tenure ≥ 9 months
              • 1 week(s).
            • tenure ≥ 2 years
              • employees ≤ 45 years old - 2 week(s).
              • employees > 45 years old - 3 week(s).
            • tenure ≥ 4 years
              • employees ≤ 45 years old - 3 week(s).
              • employees > 45 years old - 4 week(s).
            • tenure ≥ 5 years
              • employees ≤ 45 years old - 4 week(s).
              • employees > 45 years old - 5 week(s).
            • tenure ≥ 10 years
              • employees ≤ 45 years old - 4 week(s).
              • employees > 45 years old - 5 week(s).
            • tenure ≥ 20 years
              • employees ≤ 45 years old - 4 week(s).
              • employees > 45 years old - 5 week(s).

            Pay in lieu of notice: Yes

            Remarks:
            • s117(2) b) FWA.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

            Notice period:
            Remarks:
            • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
              s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
              - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
              - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
              - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
              - If the length of service is more than 5 years, the notice period shall be 4 weeks.

              In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

              However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
              - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
              "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
              (b) an employee whose employment is terminated because of serious misconduct;
              (c) a casual employee;
              (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
              (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
              (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
              - Other employees not covered by notice of termination provisions:
              "(b) 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); or
              (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
              (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
              (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
              • tenure ≥ 6 months
                • 1 week(s).
              • tenure ≥ 9 months
                • 1 week(s).
              • tenure ≥ 2 years
                • employees ≤ 45 years old - 2 week(s).
                • employees > 45 years old - 3 week(s).
              • tenure ≥ 4 years
                • employees ≤ 45 years old - 3 week(s).
                • employees > 45 years old - 4 week(s).
              • tenure ≥ 5 years
                • employees ≤ 45 years old - 4 week(s).
                • employees > 45 years old - 5 week(s).
              • tenure ≥ 10 years
                • employees ≤ 45 years old - 4 week(s).
                • employees > 45 years old - 5 week(s).
              • tenure ≥ 20 years
                • employees ≤ 45 years old - 4 week(s).
                • employees > 45 years old - 5 week(s).

              Pay in lieu of notice: Yes

              Remarks:
              • s117(2) b) FWA.

              Notification to the public administration: No

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

              Notice period:
              Remarks:
              • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
                s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
                - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
                - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
                - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
                - If the length of service is more than 5 years, the notice period shall be 4 weeks.

                In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

                However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
                - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
                "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
                (b) an employee whose employment is terminated because of serious misconduct;
                (c) a casual employee;
                (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
                (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
                (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
                - Other employees not covered by notice of termination provisions:
                "(b) 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); or
                (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
                (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
                (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
                • tenure ≥ 6 months
                  • 1 week(s).
                • tenure ≥ 9 months
                  • 1 week(s).
                • tenure ≥ 2 years
                  • employees ≤ 45 years old - 2 week(s).
                  • employees > 45 years old - 3 week(s).
                • tenure ≥ 4 years
                  • employees ≤ 45 years old - 3 week(s).
                  • employees > 45 years old - 4 week(s).
                • tenure ≥ 5 years
                  • employees ≤ 45 years old - 4 week(s).
                  • employees > 45 years old - 5 week(s).
                • tenure ≥ 10 years
                  • employees ≤ 45 years old - 4 week(s).
                  • employees > 45 years old - 5 week(s).
                • tenure ≥ 20 years
                  • employees ≤ 45 years old - 4 week(s).
                  • employees > 45 years old - 5 week(s).

                Pay in lieu of notice: Yes

                Remarks:
                • s117(2) b) FWA.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

                Notice period:
                Remarks:
                • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
                  s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
                  - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
                  - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
                  - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
                  - If the length of service is more than 5 years, the notice period shall be 4 weeks.

                  In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

                  However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
                  - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
                  "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
                  (b) an employee whose employment is terminated because of serious misconduct;
                  (c) a casual employee;
                  (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
                  (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
                  (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
                  - Other employees not covered by notice of termination provisions:
                  "(b) 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); or
                  (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
                  (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
                  (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
                  • tenure ≥ 6 months
                    • 1 week(s).
                  • tenure ≥ 9 months
                    • 1 week(s).
                  • tenure ≥ 2 years
                    • employees ≤ 45 years old - 2 week(s).
                    • employees > 45 years old - 3 week(s).
                  • tenure ≥ 4 years
                    • employees ≤ 45 years old - 3 week(s).
                    • employees > 45 years old - 4 week(s).
                  • tenure ≥ 5 years
                    • employees ≤ 45 years old - 4 week(s).
                    • employees > 45 years old - 5 week(s).
                  • tenure ≥ 10 years
                    • employees ≤ 45 years old - 4 week(s).
                    • employees > 45 years old - 5 week(s).
                  • tenure ≥ 20 years
                    • employees ≤ 45 years old - 4 week(s).
                    • employees > 45 years old - 5 week(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • s117(2) b) FWA.

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

                  Notice period:
                  Remarks:
                  • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
                    s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
                    - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
                    - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
                    - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
                    - If the length of service is more than 5 years, the notice period shall be 4 weeks.

                    In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

                    However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
                    - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
                    "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
                    (b) an employee whose employment is terminated because of serious misconduct;
                    (c) a casual employee;
                    (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
                    (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
                    (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
                    - Other employees not covered by notice of termination provisions:
                    "(b) 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); or
                    (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
                    (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
                    (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
                    • tenure ≥ 6 months
                      • 1 week(s).
                    • tenure ≥ 9 months
                      • 1 week(s).
                    • tenure ≥ 2 years
                      • employees ≤ 45 years old - 2 week(s).
                      • employees > 45 years old - 3 week(s).
                    • tenure ≥ 4 years
                      • employees ≤ 45 years old - 3 week(s).
                      • employees > 45 years old - 4 week(s).
                    • tenure ≥ 5 years
                      • employees ≤ 45 years old - 4 week(s).
                      • employees > 45 years old - 5 week(s).
                    • tenure ≥ 10 years
                      • employees ≤ 45 years old - 4 week(s).
                      • employees > 45 years old - 5 week(s).
                    • tenure ≥ 20 years
                      • employees ≤ 45 years old - 4 week(s).
                      • employees > 45 years old - 5 week(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • s117(2) b) FWA.

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • s117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

                    Notice period:
                    Remarks:
                    • Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
                      s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
                      - If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
                      - If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
                      - If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
                      - If the length of service is more than 5 years, the notice period shall be 4 weeks.

                      In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

                      However, according s123 FWA, the provisions on notice of termination do not apply to the following employees:
                      - Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
                      "(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
                      (b) an employee whose employment is terminated because of serious misconduct;
                      (c) a casual employee;
                      (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
                      (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
                      (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
                      - Other employees not covered by notice of termination provisions:
                      "(b) 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); or
                      (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
                      (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
                      (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
                      • tenure ≥ 6 months
                        • 1 week(s).
                      • tenure ≥ 9 months
                        • 1 week(s).
                      • tenure ≥ 2 years
                        • employees ≤ 45 years old - 2 week(s).
                        • employees > 45 years old - 3 week(s).
                      • tenure ≥ 4 years
                        • employees ≤ 45 years old - 3 week(s).
                        • employees > 45 years old - 4 week(s).
                      • tenure ≥ 5 years
                        • employees ≤ 45 years old - 4 week(s).
                        • employees > 45 years old - 5 week(s).
                      • tenure ≥ 10 years
                        • employees ≤ 45 years old - 4 week(s).
                        • employees > 45 years old - 5 week(s).
                      • tenure ≥ 20 years
                        • employees ≤ 45 years old - 4 week(s).
                        • employees > 45 years old - 5 week(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • s117(2) b) FWA.

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No