Short answer: between one and four weeks, depending on how long they have worked for you, plus an extra week if they are over 45 and have been with you at least two years. Your award, agreement or contract can require more, never less.
The minimum notice periods
| Continuous service | Minimum notice |
|---|---|
| 1 year or less | 1 week |
| More than 1 year, up to 3 years | 2 weeks |
| More than 3 years, up to 5 years | 3 weeks |
| More than 5 years | 4 weeks |
Add one more week if the employee is over 45 and has completed at least two years of service when you give notice.
Notice or pay in lieu
You can have the employee work out the notice, or pay them out instead. Payment in lieu has to be what they would have earned had they worked the period, including loadings and allowances. A mix of both is fine.
Who does not get notice
You do not have to give notice to casual employees, to employees on a fixed-term or seasonal contract that has simply ended, or to an employee dismissed for serious misconduct such as theft, fraud, assault or sexual harassment. Some building and construction daily hire arrangements are also excluded.
Notice is not the whole story
Giving the right notice makes the termination lawful on that one point. It does not make it fair. A dismissal can still be unfair if the reason is not sound or the process was poor. If you are letting someone go for performance or conduct, the conversation and the paper trail matter as much as the notice period.
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This is general guidance for Australian employers, not advice on your specific situation. Awards, agreements and contracts can change the answer. When in doubt, ask.
Quick answer
How much notice do I have to give an employee in Australia?
Under the Fair Work Act it’s 1 week for up to a year’s service, 2 weeks for 1 to 3 years, 3 weeks for 3 to 5 years and 4 weeks over 5 years, plus 1 extra week if they’re over 45 with at least 2 years’ service. Casuals and serious misconduct are exceptions. Your award or contract can require more.