Who doesn't get notice?
There are some situations when a notice period doesn't apply to an employee.
On this page:
Under the National Employment Standards, notice periods don’t apply to employees who:
- are casual
- are employed for a specific period of time or task (for example, a fixed term contract)
- do seasonal work
- are fired because of serious misconduct (for example, engaging in theft, fraud, assault or sexual harassment)
- have a training arrangement and are employed for a set period of time or for the length of the training arrangement (other than an apprentice)
- are daily hire working in the building and construction industry or in the meat industry in connection with the slaughter of livestock
- are weekly hire working in connection with the meat industry and whose termination depends on seasonal factors (but not where termination is due to other reasons).
An award or agreement may have different notice provisions for daily hire employees that could apply instead of those listed above.
An apprentice gets notice of termination, unless they're:
- employed for a set period of time or task, or
- fired for serious misconduct.
It can help to look at an employee’s employment contract to see if they’ve been employed for a set period of time or task.
Source reference: Fair Work Act 2009 s.123