This website applies only to residents and the law of New South Wales, Australia.

3. THE FEDERAL SYSTEM (continued)

3.5 What is a claim for termination without notice in the federal system?

An employer must not dismiss an employee without giving them the required period of notice or payment in lieu of notice unless the employee is guilty of serious misconduct (see What is serious misconduct?). As an employee, you are also entitled to all wages and leave entitlements up to the date of the dismissal.

The Workplace Relations Act sets out the minimum notice that you should receive when dismissed. This depends on how long you have been employed and your age (see the box below for details).

The notice periods given in the box are minimum periods of notice only. If you are employed under an award or Australian Workplace Agreement it may specify longer notice periods which you would be entitled to. If you are not covered by an award or other industrial instrument, you should check if your contract of employment allows for longer notice periods. Notice periods, whether under an award, agreement or contract, can be longer than those outlined in the Act but cannot be shorter. Notice need not be in writing.

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