A staff member of mine once resigned on the spot, no notice at all, and was genuinely surprised when I mentioned she still owed us two weeks under her contract. Notice periods run both ways, and most employees have no idea what they are actually entitled to, or what they owe, until the moment it matters.
Quick answer: Under the National Employment Standards, the minimum notice period an employer must give when ending your employment is based on how long you have worked there, from 1 week (under 1 year of service) up to 4 weeks (over 5 years), plus an extra week if you are over 45 with at least 2 years of service. Casuals, fixed-term and seasonal workers, and anyone dismissed for serious misconduct generally are not entitled to this at all.
What Notice of Termination Actually Covers
Notice of termination is part of the National Employment Standards, which apply to every employee in the national workplace relations system regardless of what award or contract they are on. Your employer must either give you the minimum notice period in writing, or pay you out instead, calculated at your full pay rate as if you had actually worked it, including loadings, allowances, and overtime or penalty rates you would normally have earned.
The NES Minimum Notice Table
- 1 year or less of service: 1 week notice
- More than 1 year, up to 3 years: 2 weeks notice
- More than 3 years, up to 5 years: 3 weeks notice
- More than 5 years: 4 weeks notice
On top of that table, employees over 45 years old who have completed at least 2 years of service get an extra week of notice added on. This is the legal floor, some awards, enterprise agreements or individual contracts specify longer notice periods, and where that is the case, the longer period applies instead.
Who Doesn’t Get Notice of Termination
This catches a lot of people out. Under the NES, notice of termination does not apply to employees who are casual, employed for a set period or season (a fixed-term contract or seasonal work), dismissed for serious misconduct, or on a training arrangement tied to a fixed period (other than apprentices, who are generally still covered). A handful of specific roles in building, construction and the meat industry have their own separate arrangements too. If you are casual, this is part of why casual loading exists in the first place, it is one of the entitlements the loading is paid in lieu of.
Does This Work Both Ways?
The NES sets the minimum an employer owes you, not what you owe them, your own notice obligation as an employee comes from your award, enterprise agreement or employment contract rather than the NES directly. Most full-time and part-time contracts do specify a matching notice period for resignations, so check your own contract rather than assuming the NES table applies to you resigning too.
Redundancy Is a Different Calculation
If your role is being made redundant rather than you being dismissed or resigning, a separate redundancy pay scale applies on top of notice, starting at 4 weeks’ pay after 1 year of service and scaling up with tenure. Most small businesses (fewer than 15 employees) are exempt from redundancy pay obligations, though notice of termination still generally applies. Redundancy is a big enough topic on its own that it is worth treating separately from a standard notice period calculation.
What If Your Employer Goes Bankrupt?
If your employer becomes insolvent and cannot pay what they owe you, the Fair Work Fair Entitlements Guarantee (FEG) can cover unpaid wages, annual leave, and payment in lieu of notice (up to a 5-week cap), though it does not cover superannuation or bonus payments.
If you are casual and wondering whether converting to permanent would actually get you these entitlements, see our guide to the employee choice pathway.
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Final Thoughts
The most common mistake on both sides is assuming notice periods are a courtesy rather than a legal minimum, they are not, and getting them wrong can mean an underpayment claim for an employer or a missed entitlement for an employee. Check your own length of service against the table above, and confirm whether your specific award or contract sets a longer period before assuming the NES minimum is all you are entitled to. Work out your exact entitlement with our Notice Period Calculator, and if you are casual, see why casual loading exists instead of notice and redundancy pay.
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This article is for general informational purposes only and does not constitute legal advice. Notice and redundancy entitlements can vary by award, agreement or contract, always confirm your specific situation with the Fair Work Infoline or a qualified employment lawyer.