Notice & final pay
A notice period is the length of time that an employee or employer has to give to end employment.
Use our Notice and Redundancy Calculator to calculate notice and redundancy entitlements.
Are you in the hairdressing industry and need help and advice about ending employment? Try our new tool, Hairdressing Assist to find out all you need to know about how to end employment.
How to give notice
To end an employee’s employment (also known as firing or terminating employment), an employer has to give them written notice of their last day of employment.
An employer can give notice to the employee by:
- delivering it personally
- leaving it at the employee’s last known address, or
- sending it by pre-paid post to the employee’s last known address.
Employees who are resigning don’t need to give notice in writing - they can give it verbally.
Can notice be paid out instead of worked?
Yes. An employer can either:
- let the employee work through their notice period, or
- pay it out to them (also known as pay in lieu of notice).
If the employer pays out the notice, the amount paid to the employee must equal the full amount the employee would have been paid if they worked until the end of the notice period. This includes:
- incentive-based payments and bonuses
- monetary allowances
- penalty rates
- any other separately identifiable amounts.
If the employer pays out the notice, the employee does not accrue any annual leave for the notice period they were paid out for.
Notice during probation periods
If an employee’s employment is ended while they’re on probation, they still have to get or be paid out notice based on their length of service.
When an employee is terminated on the grounds of serious misconduct, the employer does not have to provide any notice of termination. However, the employer does have to pay the employee all outstanding entitlements such as payment for time worked, annual leave and sometimes long service leave. Whether an employer needs to pay out long service leave depends on where the entitlement comes from, usually state or territory long service leave laws.
Serious misconduct includes when an employee:
- causes serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer’s business, or
- deliberately behaves in a way that is inconsistent with continuing their employment.
Examples of serious misconduct include theft, fraud, assault, or refusing to carry out a lawful and reasonable instruction that is part of the job.
Source reference: Fair Work Act 2009 (Cth) section 117
Want to save this information for later?
If you might need to read this information again, save it for later so you can access it quickly and easily.
You might also be interested in:
Page reference No: 1972