Who doesn't get notice
There are some situations when a notice period doesn't apply to an employee.
On this page:
- When notice doesn't apply
- Serious misconduct
- Apprentices and notice
- Tools and resources
- Related information
When notice doesn't apply
The National Employment Standards (NES) make up the minimum entitlements for employees in Australia.
Under the NES, notice periods don’t apply to employees who:
- are casual
- are employed for a specific period of time, season or task
- are fired because of serious misconductExamples of serious misconduct by an employee include: deliberately behaving in a way that is inconsistent with continuing their employment, causing serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer’s business, theft, fraud, assault, sexual harassment or refusing to carry out a lawful and reasonable instruction that is part of the job. Other known term: misconduct.
- 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 employment ends only because of seasonal factors.
Example: Employee not entitled to notice
Tom works as a retail assistant at a clothing store. Tom’s contract says that he will be employed for 3 months to cover the busy holiday period.
At the end of the 3 months, Tom’s employment ends with no notice given. As Tom’s contract sets out that he was hired for a specific period, his employer isn’t required to give him notice.
Tom’s employer, Jess, still follows best practice guidelines and gives him written confirmation of his last day of employment.
Serious misconduct
When an employee is terminated for serious misconduct, the employer isn’t required to give the employee notice.
However, the employer must pay the employee’s outstanding entitlements, including:
- payment for time worked
- unused annual leave
- in some cases, long service leave.
For more information on what could be considered serious misconduct, visit Dismissal.
Tip: Use our letter template
An employer doesn’t need to give an employee notice of termination under the NES if the employee is dismissed because of serious misconduct.
It is still best practice to give the employee written confirmation that their employment is ending.
We have a step-by-step guide and letter template for termination because of serious misconduct to help with the process. Download it from Templates.
Apprentices and notice
An apprentice gets notice of termination, unless they're:
- employed for a set period, or
- fired for serious misconduct.
To find out if an apprentice has been employed for a set period, check the relevant employment contract.
For more information about ending apprenticeships, go to Apprentices and trainees.
Source reference for page: Fair Work Act 2009 section 123 and Fair Work Regulations 2009 regulation 1.07
