Under the National Employment Standards an employee who is dismissed is generally owed 1 to 4 weeks of notice, based on continuous service, plus one week more if they are over 45 with at least 2 years of service. Give written notice and confirm the last day of employment.
By CrossNation Editorial Team. Sources checked 6 October 2026.
1 year or less of service: 1 week; more than 1 year up to 3 years: 2 weeks; more than 3 years up to 5 years: 3 weeks; more than 5 years: 4 weeks. Employees over 45 with at least 2 years of continuous service get one extra week.
Source: Fair Work Ombudsman: Dismissal (retrieved 6 October 2026)
When an employee is terminated for serious misconduct, the employer isn't required to give them notice of the termination.
Source: Fair Work Ombudsman: Dismissal (retrieved 6 October 2026)
Final pay is wages owing plus unused annual leave including any leave loading, and can include payment in lieu of notice, redundancy pay or accrued long service leave. Sick and carer's leave isn't paid out.
Source: Fair Work Ombudsman: Final pay (retrieved 6 October 2026)
An employee who thinks they have been unfairly dismissed needs to apply to the Fair Work Commission inside the 21 days after the dismissal.
Source: Fair Work Ombudsman: Unfair dismissal (retrieved 6 October 2026)
In most cases an employee gets the minimum notice period under the NES when the employer dismisses them, based on continuous service on the day notice is given. The period starts the day after the employer tells the employee and ends on the last day of employment. The employee can work it, or the employer can make a payment in lieu of notice. An award, agreement or contract may require a longer period, and the longest requirement applies.
An employer must give written notice when the employee is entitled to notice under the NES. It can be delivered in person, left at the employee's last known address or sent by pre-paid post, and it can be sent electronically if the employee agrees and can easily access it. Casual employees and some others are not entitled to written notice under the NES, but it is best practice to confirm in writing when any employment relationship ends.
A termination letter should be short and factual. State the date of the letter, the last day of employment, the notice period and whether it is worked or paid in lieu, the final pay items the employee will receive, and the arrangements for returning property. The outline in the checklist below covers these points. Do not add opinions or allegations that you cannot support, and keep a copy. The Fair Work Ombudsman has termination templates on its website.
When an employee is terminated for serious misconduct, the employer is not required to give notice. Serious misconduct is deliberate behaviour inconsistent with continuing employment, including conduct that causes serious and imminent risk to the health or safety of another person. Examples the Fair Work Ombudsman gives include theft, fraud, assault and sexual harassment, and refusing a lawful and reasonable instruction. Be sure the facts support the label before you use it.
Final pay is made up of wages owing, including penalty rates and allowances, and any unused annual leave with the loading that would have been paid during employment. It can also include payment in lieu of notice, redundancy pay or accrued long service leave where they apply. Sick and carer's leave is not paid out. Check the award for when final pay is due, because some awards set a timeframe.
An employee who believes the dismissal was unfair has a 21 day limit from the dismissal to apply to the Fair Work Commission. The Commission looks at whether there was a valid reason, whether the employee was told the reason and had a chance to respond, and, for underperformance, whether they had been warned. A fair, documented process protects you more than any wording in the letter.
| Continuous service on the day notice is given | Minimum notice |
|---|---|
| 1 year or less | 1 week |
| More than 1 year but not more than 3 years | 2 weeks |
| More than 3 years but not more than 5 years | 3 weeks |
| More than 5 years | 4 weeks |
| Employee over 45 with at least 2 years of continuous service | 1 extra week |
The fee is 12% of the candidate's annual salary, charged only when a placement succeeds.
Certain employees, including casuals, aren't entitled to written notice under the NES, but the Fair Work Ombudsman says it is best practice to confirm in writing when employment ends.
Yes. The employee can work the notice period or the employer can make a payment in lieu of notice. Check the award and contract for any extra rules.
Count the length of time the employee has been employed by the business, including authorised unpaid leave such as unpaid parental leave. The Fair Work Notice and Redundancy Calculator can help.
An award, agreement or contract may require a longer notice period than the NES. The employee must be given the longer period.
Written notice is required when the employee is entitled to notice under the NES. Even where it is not required, a short written confirmation is best practice.
No. This is general information from the Fair Work Ombudsman's public pages. For a specific dismissal, seek independent legal advice.
