Notice of dismissal

The National Employment Standards in the Fair Work Act 2009 (Cth) set out the minimum period of notice that an employer must give to an employee to terminate their employment. These entitlements apply to both national system and non-national system employees.

The obligation to provide notice in accordance with the NES is subject to limited exceptions, including where the employee has engaged in serious misconduct.

A contract of employment or an applicable instrument (ie award or enterprise agreement) may prescribe a longer period of notice than the NES, in which case the more generous provision will apply. In limited circumstances an employee may also have a right to reasonable notice on termination implied into their employment contract.

Failure to provide an employee with the required period of notice may expose the employee to a penalty, or an award for compensation or damages, depending on the source of the entitlement to notice. The circumstances of the termination may also give rise to an unfair dismissal or general protections application.

See How much notice must an employer give before terminating an employment contract?

Notice of resignation

The Fair Work Act 2009 (Cth) (FW Act) only makes provisions for the minimum period of notice that must be given by an employer to an employee when terminating their employment. The notice requirements that apply to a resigning employee are usually set out in an applicable award, enterprise agreement or employment contract.

See How much notice must employee provide of their intention to resign?

There are some occasions where an employment relationship can be lawfully terminated without notice being provided. The most notable of these situations include:

• • summary dismissal; and
• • repudiation of the employment contract.

See When can an employment contract be terminated without giving notice?