Who doesn't get notice?
Notice periods don’t apply to employees who:
- are casual
- are employed for a specific period of time or task (eg. a fixed term contract)
- do seasonal work
- are fired because of serious misconduct (eg. engaging in theft, fraud or assault)
- 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 or meat industry
- are weekly hire working in connection with the meat industry and whose termination depends on seasonal factors.
Apprentices and notice
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 (Cth) section 123
Think a mistake might have been made?
If you’ve lost your job, contact the Fair Work Commission (the Commission) first if you think you were sacked because of:
- a reason that is harsh, unjust or unreasonable
- another protected right.
You have 21 days from the day you were sacked to lodge an application with the Fair Work Commission. Check the information at the Commission website to find out if you can apply for:
If you think you haven’t been paid everything you’re owed:
- read about Notice and final pay to find out what you should get
- see our Help resolving workplace issues section for practical advice on:
- talking to your employer about fixing your notice and final pay if it’s wrong
- getting help from us if you can’t resolve it.
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Page reference No: 2019