Work out the minimum notice your employer must give before ending your employment, from 1 week to 5 weeks depending on your length of service and your age. The calculator also shows what that notice is worth if it is paid out instead of worked.
| Component | Formula | Value |
|---|---|---|
| Years of continuous service | start to end | 1.00 yrs |
| Base notice (s.117(3)) | ≤1 yr | 1 wks |
| Age bonus (s.117(3)(b)) | +1 wk if 45+ with 2y+ service | No |
| Total notice | base + age bonus | 1 wks |
| Weekly base pay | 38h × $35.00 | $1330.00 |
| Payment in lieu (PILON) | 1 × $1330.00 | $1,330.00 |
| Casual exclusion | s.123(1)(c) | Not applicable |
Disclaimer: This tool does not constitute legal or financial advice. Results may be inaccurate due to changes in legislation or your circumstances. This tool does not constitute legal or financial advice. We do not recommend taking actions based solely on these results. The calculator makes assumptions and results may be inaccurate due to changes in legislation, modern awards, or your personal circumstances. You use this information at your own risk. We can't guarantee to be perfect, so do note you use the information at your own risk and we can't accept liability if things go wrong. For official guidance, visit Fair Work Ombudsman (fairwork.gov.au). Fair Work Ombudsman.
Section 117 of the Fair Work Act 2009 sets the minimum notice an employer must give. It is based purely on your length of continuous service, not on your seniority or salary. Employees over 45 who have completed at least 2 years of service receive one additional week.
| Continuous service | Minimum notice | If over 45 with 2+ years |
|---|---|---|
| 1 year or less | 1 week | 2 weeks |
| More than 1 year, up to 3 years | 2 weeks | 3 weeks |
| More than 3 years, up to 5 years | 3 weeks | 4 weeks |
| More than 5 years | 4 weeks | 5 weeks |
Your employer chooses whether you work the notice period, are paid it out, or a combination of the two. If it is paid out, the amount must equal what you would have earned had you worked it, at your full rate of pay, which includes overtime, penalty rates, allowances, loadings and bonuses. That is a wider measure than the base rate used for redundancy pay, so the two figures in a redundancy often differ. The detail is in payment in lieu of notice.
If the notice is paid out, your employment ends on the day the payment is made and your leave stops accruing from that date. If you work the notice instead, you stay employed and keep accruing until your last day.
Section 123 excludes casual employees, employees engaged for a set period or season, anyone dismissed for serious misconduct, employees on a fixed-length training arrangement, and certain daily and weekly hire employees in the building, construction and meat industries. Employees on probation do get notice, and so do apprentices unless they are on a set period or dismissed for misconduct.
For the full explanation of the entitlement, read notice of termination. If you are the one resigning, the rules are completely different and are covered in resignation notice period. To see notice combined with unused leave and redundancy pay in a single figure, use final pay or the redundancy calculator.
Minimum notice of termination under the National Employment Standards.