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Get Started ≫Notice period: Australia vs Canada
Statutory notice period in Australia and Canada, side by side, with the primary source for every figure.
Australia: 1 to 4 weeks by length of service, plus 1 extra week for employees over 45 with at least 2 years' service. Canada: Ontario: 1 to 8 weeks by tenure after 3 months' employment. Common law can add more on top, but it is a judicial assessment, not a formula. At five years' service that means 3 weeks in Australia and 5 weeks in Canada.
Australia vs Canada, side by side
| Australia | Canada | |
|---|---|---|
| The rule | 1 to 4 weeks by length of service, plus 1 extra week for employees over 45 with at least 2 years' service. | Ontario: 1 to 8 weeks by tenure after 3 months' employment. Common law can add more on top, but it is a judicial assessment, not a formula. |
| At 1 year | 1 week | 2 weeks |
| At 5 years | 3 weeks | 5 weeks |
| At 10 years | 4 weeks | 8 weeks |
| Key numbers | Minimum employer notice: 1 to 4 weeks by tenure; Over-45 addition: +1 week (over 45, 2+ years' service); Payment in lieu: Permitted, at the full pay rate | Ontario notice: 1 to 8 weeks by tenure; Qualifying period: 3 months; Federal scale: 2 weeks, then 1 week per year from 3 years (cap 8) |
Australia
The National Employment Standards set minimum written notice (or payment in lieu at the full rate) on a four-band tenure scale. The over-45 addition sits on top. Awards and agreements can require more, and they are also what obliges an employee to give notice, the NES itself does not.
- Minimum employer notice1 to 4 weeks by tenure
- Over-45 addition+1 week (over 45, 2+ years' service)
- Payment in lieuPermitted, at the full pay rate
| Length of service | Entitlement |
|---|---|
| 1 year or less | 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 |
- Bands read 'more than X years': at exactly 5 years the entitlement is 3 weeks, not 4.
- No NES notice for casuals, genuine fixed-term contracts or serious misconduct.
Source: Fair Work Ombudsman (NES, in force since 2010). Checked July 2026.
Canada
Ontario's Employment Standards Act scales written notice (or pay in lieu) at roughly a week per year of service, capping at 8 weeks. Courts can award longer common-law reasonable notice based on the Bardal factors, which is why Canadian termination costs are hard to predict from statute alone; the ESA figure is the floor, not the estimate. Federally regulated employers follow a separate graduated scale, 2 weeks until 3 years' service and then a week per year to the same 8-week cap.
- Ontario notice1 to 8 weeks by tenure
- Qualifying period3 months
- Federal scale2 weeks, then 1 week per year from 3 years (cap 8)
- Common lawCan exceed the ESA floor; no formula
| Length of service | Entitlement |
|---|---|
| Under 3 months | None |
| 3 months to under 1 year | 1 week |
| 1 to under 3 years | 2 weeks |
| 3 to under 4 years | 3 weeks |
| 4 to under 5 years | 4 weeks |
| 5 to under 6 years | 5 weeks |
| 6 to under 7 years | 6 weeks |
| 7 to under 8 years | 7 weeks |
| 8 years or more | 8 weeks (cap) |
- We publish the statutory minimums only. Common-law reasonable notice is real and often larger, but courts reject per-year formulas, so no calculator or table can state it honestly.
- Provinces vary; Ontario is the reference jurisdiction here.
Source: Ontario ESA guide (ESA 2000; federal scale from 1 Feb 2024). Checked July 2026.
Hiring in both markets?
Put a full number on each side with the true-cost calculators: True cost of an employee (Australia) and True cost of an employee (Canada). The complete six-market picture is on the Notice periods by country page.
Sources
Every figure on this page comes from the government source for its market.
| Market | Source | Rule / effective | Verified |
|---|---|---|---|
| Australia | Fair Work Ombudsman | NES, in force since 2010 | Checked July 2026 |
| Canada | Ontario ESA guide | ESA 2000; federal scale from 1 Feb 2024 | Checked July 2026 |
Comparing entitlements is the easy half of hiring across markets. The hard half is whether the person you hire in Sydney, Singapore or Seattle will actually work out, and that risk looks the same in every jurisdiction. Compono matches candidates on how they work, not just what the CV claims, so the hires behind these numbers hold up wherever you make them.
See how it worksCommon questions
What is the rule on notice period in Australia?
1 to 4 weeks by length of service, plus 1 extra week for employees over 45 with at least 2 years' service. The National Employment Standards set minimum written notice (or payment in lieu at the full rate) on a four-band tenure scale.
What is the rule on notice period in Canada?
Ontario: 1 to 8 weeks by tenure after 3 months' employment. Common law can add more on top, but it is a judicial assessment, not a formula. Ontario's Employment Standards Act scales written notice (or pay in lieu) at roughly a week per year of service, capping at 8 weeks.
Where can I check the source figures?
The sources section below links the Australia and Canada government pages every figure on this page was verified against in July 2026.
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