What notice must an employer give?
The NES minimums scale with continuous service: one week for less than a year, rising to four weeks after five years, with one extra week if the employee is over 45 and has at least two years' service. Awards, agreements and contracts can require more than these minimums but never less. The data block below shows the full scale.
Do the same rules apply when an employee resigns?
No. The NES minimums bind employers, not resigning employees. An employee's notice obligation comes from their award, enterprise agreement or contract, and many awards mirror the employer scale without the over-45 addition. If no instrument or contract sets a notice requirement, a resigning employee has no fixed statutory notice period.
Can notice be paid out instead of worked?
Yes. An employer can pay in lieu of notice, ending employment immediately and paying what the employee would have earned across the notice period. Employers can also direct an employee not to attend work during notice (garden leave) while continuing to pay them, which is common where the person is moving to a competitor.
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