Notice of Termination

If you’ve been let go without notice, it’s worth asking whether your employer followed the law. In most cases, they can’t simply fire you on the spot. Under the Fair Work Act, employees are generally entitled to notice of termination in writing. This written notice must clearly state the final date of your employment.

The length of notice depends on how long you’ve worked continuously for the employer. For example, if you’ve been employed for over a year, you’re entitled to at least two weeks’ notice. If you’re over 45 and have more than two years of service, you may be entitled to an extra week. These minimum standards are set out in the National Employment Standards and cannot be undercut by your contract or an award.

Your employer can choose to let you work through the notice period or pay it out to you instead. This is called pay in lieu of notice. It must include your normal earnings, such as wages and loadings. But if they don’t give you notice or payment in lieu, they may be breaching your workplace rights.

The only time an employer can avoid giving notice is if you’ve engaged in serious misconduct, like theft or violence. Even then, they need to prove it and follow a fair process. Being told to leave immediately without a valid reason or proper procedure could make the dismissal unlawful.

If you weren’t given notice, or you were told to leave on the spot without payment, you may be eligible to file an unfair dismissal claim. It’s essential to act quickly, as strict time limits apply.