Notice of Termination

Notice requirements under the National Employment Standards

If you were a permanent employee and have been dismissed from your job without receiving the required minimum amount of notice of termination or pay instead of notice under the National Employment Standards (NES) as outlined in Fair Work Act 2009 (the Act), you may have grounds to file a complaint with the Fair Work Ombudsman (FWO).

Under the NES, your employer must give you a written notice specifying the day of termination of your employment no later than the last day you worked for your employer. Your employer can give this notice by delivering it to you personally, leaving it at your last known address or by sending it to your last known address by pre-paid post.

Your employer may receive a financial penalty for not giving you a written notice even if it has complied with the minimum notice of termination or pay instead of notice requirements.

It is unlawful for your employer to terminate your employment without giving you the required period of notice or pay instead of notice. Pay instead of notice should be calculated at the full rate of pay for the hours that you would have ordinarily worked had your employment continued until the end of the notice period.

Pay instead of notice under an enterprise agreement or contract

Additionally, if you are entitled to pay instead of notice under an enterprise agreement or a common law employment contract (which may be more generous than the NES) you may also be entitled to file a complaint with FWO.

Alternatively, you may be entitled to file a claim with an eligible Court. Either way, you have 6 years from the date of your dismissal to file your claim in an eligible Court.

Can you make a claim?

(more detail in the fact sheet)

Some things to consider:

1. You must be an employee
2. You must be eligible
3. The termination of employment must be at the initiative of the employer
4. You must be within the time limit

For further support

More detail can be found in the fact sheet which you should download.

Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.