Terminating employment
How much notice do you need to give when resigning?
If you are considering resigning from your job, you will need to make sure you give your employer an appropriate amount of notice. If you have a written employment contract, check to see if it mentions how much notice you are required to provide your employer (NB: a contract cannot provide for less than the minimum notice periods).
If you do not have a written contract, or your contract does not mention minimum notice periods, the following applies to full-time and part-time employees:
| Number of years employed | Minimum notice period |
|---|---|
| less than 1 year | 1 week |
| between 1 and 3 years | 2 weeks |
| between 3 and 5 years | 3 weeks |
| more than 5 years | 4 weeks |
If you leave your job without providing the minimum notice, your employer is entitled to recover wages from you. Casual employees do not need to give notice, however it is in your best interest to give your employer at least one week’s notice. After all, you may need to use your boss as a referee for future job applications, or you may need or want to work there again.
top of pageTips on resigning
- Write a resignation letter to your employer advising that you are providing notice of your intention to cease employment. Don’t forget to put the date on the letter.
- Thank your employer for the opportunity to work for him/her, in the letter and in person.
- Don’t say anything bad about your employer in the resignation letter, or in future job interviews.
- Try to be flexible with choosing the last day of your job. Ask your employer what suits them, and come to some agreement.
- Ask if the employer would be willing to act as a referee for you.
- Get some advice before resigning. If you do not provide the correct amount of notice required, you might have to pay your employer compensation – contact JobWatch (Community Legal Centre) on +61 3 9662 1933 or 1800 331 617 for free advice.
How much notice does an employer need to give you?
Employers need to provide a minimum period of notice before terminating your employment. For part-time employees, the minimum period of notice is the same for employees wishing to resign. Employers can elect to provide payment in lieu of notice. This means that if you are asked to leave your job immediately, your employer must provide payment equivalent to the minimum notice period. For example, if you have worked for your employer for two years, then he/she must pay you two weeks pay in lieu of notice. For casual employees, an employer does not need to give any notice.
Unfair dismissal
The Workplace Relations Act excludes most types of employees from making unfair dismissal claims. This includes:
- employees of businesses of up to 100 employees
- employees of businesses of over 100 employees who have been employed for less than 6 months
- casual employees who have been employed for less than one year
- employees who have been terminated for genuine operational reasons or reasons which include genuine operational reasons (i.e. reasons of an economic, technological, structural or similar nature relating to the employer’s business).
- employees working on a fixed term contract
- seasonal employees
- trainees
However, if you think that you have been sacked unfairly (and you do not fall into one of the above categories), seek advice from an employment lawyer, your trade union or Job Watch. You only have 21 days to lodge a complaint of unfair dismissal from the date your termination takes effect – so you should get advice immediately.
Unlawful dismissal
Employees excluded from unfair dismissal legislation may in some situations be able to make a claim for unlawful dismissal. You only have 21 days to lodge a complaint of unlawful dismissal from the date your termination takes effect – so you should get advice immediately. Unlawful dismissal may apply if a worker is terminated for reasons including:
- a temporary absence from work due to illness or injury
- you have filed a complaint, or are participating in proceedings against the employer, or have had recourse to proper authorities
- your refusal to negotiate in connection with making, signing, extending, varying or terminating an Australian Workplace Agreement (AWA)
- your absence from work during maternity or parental leave
- reasons which relate to or include your: race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin
- trade union membership (belonging or not belonging)
- temporary absence from work because of the carrying out of a voluntary emergency management activity, where the absence is reasonable having regard to all circumstances
Misleading job ads
Before a vacancy submitted to Careers Online is approved and released to students, Careers & Employment staff check it to ensure that certain information is provided. This includes the employer’s name and contact details, the rate of pay and an adequate description of the work involved.
When searching for work from other sources such as websites and newspapers, we recommend that caution be exercised with the following:
- Be wary of ads that do not have enough information about the job or the employer.
- Be wary of ads that are often repeated, it may mean that very few people are applying or there is high staff turnover due to reasons such as poor conditions.
- Be wary of ads that claim you can make a lot of money and / or jobs that pay only by commission. Many sales firms claim they pay a retainer but it is taken out of commissions earned later.
- Be careful about sending off your details and / or your resumé to a P.O. Box or an unprotected online database.
- Be wary of anyone who charges you to help you find work.
- Be wary of ads that seem to offer a job, but really want you to pay for a course or training.
- Be wary of jobs where you have to purchase a product or services.
Misleading ads can be reported to Consumer Affairs Victoria, Job Watch - or if the ad was on Careers Online - please report it to the Student Employment Officer (see Employee advice and assistance for contact details).