Employment can end for many different reasons. You can resign or be dismissed (fired). However it ends, it’s important to follow the rules about the dismissal, notice and final pay.

There are also different rights and obligations when a job is made redundant or when a business is bankrupt.

If I resign, how much notice do I need to provide?

The amount of notice you need to give your employer, depends on how long you’ve worked at that workplace.

• 1 year or less: 1 week
• 1 – 3 years: 2 weeks
• 3 – 5 years: 3 weeks
• More than 5 years: 4 weeks

Your employer has the right to withhold pay if the right notice isn’t provided.

This is why it’s so important to make sure you give the correct amount of notice, in writing to your employer. If you don’t, you risk being impacted financially.

If you don’t not give the minimum notice period an employer can hold back pay from an employee’s entitlements including:

• unpaid wages
• accumulated annual leave
• other award entitlements.

Ending the notice period early

If you have resigned and given the minimum notice required, your employer can:

• let you work out the notice period, or
• Allow you to leave early and pay you in lieu of notice instead.

If you are dismissed

If your employer dismisses you, they have to give you notice. The amount of notice they need to give you, depends on how long you’ve worked at that workplace.

• 1 year or less: 1 week
• 1 – 3 years: 2 weeks
• 3 – 5 years: 3 weeks
• More than 5 years: 4 weeks

My employer isn’t giving me my rightful entitlements, what do I do?