An employer can pay an employee instead of giving notice.
The amount paid to the employee must equal or exceed the total amount (the full rate of pay) the employee would get had the employment continued until the end of the minimum period of notice.
An employee’s full rate of pay (other than a pieceworker) is the rate of pay payable to an employee including all the following:
- incentive-based payments and bonuses
- loadings
- monetary allowances
- overtime or penalty rates
- any other separately identifiable amounts.
If the correct amount isn’t paid to the employee, they can complain to the Fair Work Ombudsman.
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