Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
“Weeks’ notice” is one of those employment basics that can still cause real headaches for small businesses - especially when someone resigns unexpectedly, you need to end an employment relationship quickly, or your team is growing and you’re trying to standardise processes.
The tricky part is that weeks’ notice in Australia isn’t always a single, fixed rule. The minimum notice period can depend on the National Employment Standards (NES), the employee’s length of service, their age, what their employment contract says, and whether a modern award or enterprise agreement applies.
If you’re an employer, getting weeks’ notice wrong can lead to disputes, underpayment claims, or unfair dismissal risks. But when it’s set up properly, notice periods help you protect handovers, customer relationships, rosters, and business continuity.
Below, we’ll break down how weeks’ notice generally works in Australia, what you should check before acting, and how to manage resignations and terminations smoothly as a small business.
This article provides general information only and does not constitute legal advice. Because notice obligations can turn on the specific award, agreement, contract terms and circumstances, consider getting advice for your situation.
What Does “Weeks Notice” Mean In Employment?
In employment, “weeks’ notice” usually refers to the minimum period of notice that must be given before employment ends.
Notice can be given by:
- an employee (resignation notice), or
- an employer (termination notice).
It’s effectively a buffer period that gives:
- you time to manage a handover, recruit, and adjust workloads, and
- the employee time to transition and prepare for their next role (or for the end of the role).
Why Weeks Notice Matters For Small Businesses
For a small business, a resignation or termination can have an outsized impact. A missed notice requirement can lead to:
- unexpected payroll costs (if you need to pay notice out)
- disruption to rosters and client delivery
- staff morale issues if the process feels messy or inconsistent
- legal risk if the employee claims they didn’t receive their minimum notice entitlements
That’s why it’s worth treating weeks’ notice as a “system” you manage - not just a number on a contract.
How Many Weeks Notice Is Required In Australia?
In Australia, minimum notice periods are often guided by the National Employment Standards (NES) under the Fair Work Act 2009 (Cth). These rules set a baseline. On top of that, an award, enterprise agreement, or your employment contract may provide different (often longer) notice requirements.
As a starting point, many employers work with the common “rule of thumb” that notice increases with length of service - but you should always confirm the applicable rule before relying on it.
Minimum Notice Periods (Employer Giving Notice)
Where the employer terminates employment (and the termination is not for serious misconduct), the minimum notice period under the NES generally depends on the employee’s continuous service:
- Less than 1 year: 1 week notice
- More than 1 year and up to 3 years: 2 weeks notice
- More than 3 years and up to 5 years: 3 weeks notice
- More than 5 years: 4 weeks notice
There is also an extra week in some circumstances (commonly where the employee is 45 or older and has completed at least 2 years’ continuous service with the employer).
If you want a deeper breakdown of the common “2 weeks notice” question employers often run into, this is covered in 2 weeks notice.
Employee Resignation Notice (Often Award Or Contract Driven)
When an employee resigns, the weeks’ notice they must give is often determined by:
- the employee’s modern award (many awards contain resignation notice rules), and/or
- their employment contract (if it sets resignation notice), and/or
- an enterprise agreement (if applicable).
In practice, many businesses aim to mirror notice expectations on both sides (employee and employer) in the employment contract, provided it still meets minimum legal requirements.
Notice rules and practical considerations are also discussed in resignation notice periods.
Important: Modern Awards Can Change The Answer
A modern award can set:
- minimum resignation notice requirements
- termination processes
- extra entitlements on termination (depending on the role and classification)
If your business employs award-covered staff (which is very common for small businesses), it’s not enough to rely on a general internet rule about weeks’ notice. You need to check the right industrial instrument.
What Affects Weeks Notice? (The Checklist Employers Should Always Run)
If you’re trying to work out how many weeks’ notice applies in a specific situation, you’ll usually get to the right answer faster by running a simple checklist.
1) Who Is Ending The Employment?
- Employer ending employment: minimum notice is typically driven by the NES (plus any award/contract terms).
- Employee resigning: often driven by the award and/or contract.
2) What Is The Employee’s Employment Type?
Weeks’ notice often depends on whether the employee is:
- Full-time or part-time (usually notice applies)
- Casual (notice rules can be very different; sometimes there is no minimum notice requirement under the NES for a casual, but awards, contracts, workplace policies, and roster commitments may still matter)
Be careful not to assume “casual = no notice” in every situation, particularly if the casual has a regular and systematic pattern of work, and especially where an award (or your own policies and roster commitments) set expectations about ending shifts or providing notice.
3) How Long Have They Been Employed?
For employer-initiated termination, the NES increases notice with length of service - so you’ll need an accurate start date and a clear view on what counts as continuous service.
4) What Does The Employment Contract Say?
A properly drafted employment contract should set out:
- the notice period the employee must provide on resignation
- the notice period you will provide on termination (as a minimum, consistent with the NES)
- your ability to pay out notice (if you choose to)
- handover expectations during notice (within reason)
If you don’t have consistent contracts in place (or you’ve copied templates that don’t reflect your award coverage), notice disputes become much more likely. This is where an up-to-date Employment Contract can make a big difference in reducing ambiguity.
5) Does A Modern Award Or Enterprise Agreement Apply?
If an award or enterprise agreement applies, it may:
- set resignation notice obligations
- require certain termination steps
- add consultation requirements in redundancy situations
Even if your contract says “1 week notice”, an award might require something else (and the award will generally override less favourable terms).
Common Weeks Notice Scenarios For Small Businesses
Weeks’ notice questions often come up in very practical, time-sensitive situations. Here are some of the most common scenarios we see small businesses deal with.
An Employee Resigns And Wants To Leave Immediately
This usually plays out like: “I’m giving my resignation today, and I’ll finish up on Friday.”
From your side as the employer, you’ll want to check:
- the employee’s contract notice clause
- any applicable award resignation notice requirements
- whether you agree to a shorter notice period (you can agree, but document it)
- whether any handover steps need to happen (logins, customer accounts, company property)
In some cases, you may choose to accept a shorter notice period and agree on an earlier end date. If you do, put it in writing (even a short email confirming the agreed last day can prevent misunderstandings later).
You Want The Employee To Stop Working During Their Notice Period
Sometimes you’ll have a genuine reason to end active duties quickly - for example, where:
- there are confidentiality or customer relationship risks
- the employee is going to a competitor
- there has been a breakdown in the working relationship
In these situations, employers often consider:
- paying out notice (instead of requiring the employee to work it), or
- garden leave (where the employee remains employed and paid, but does not attend work and must still follow lawful and reasonable directions).
Whether you can do this smoothly usually comes down to what your contract allows and whether you still meet minimum legal obligations. In particular, “garden leave” (and any form of standing down) should have a clear legal and contractual basis and be implemented carefully.
Paying out notice is commonly called payment in lieu of notice and should be handled carefully (including getting the final pay right).
You’re Terminating Employment During Probation
Probation is often misunderstood. It doesn’t mean “no rights” or “no notice”.
Even during probation, the employee may still be entitled to a minimum notice period (and potentially award-based entitlements), depending on how long they’ve been employed and the applicable rules.
If you’re ending employment early, make sure you understand the termination process and notice requirements in a probation context - this is addressed in termination during probation.
You’re Making A Role Redundant
Redundancy adds extra layers beyond ordinary weeks’ notice.
Depending on the circumstances, you may need to manage:
- consultation requirements (often award-based)
- redundancy pay (unless an exemption applies)
- notice of termination (weeks’ notice still applies)
Because redundancy is highly process-driven, it’s a good idea to get advice before you communicate the decision, not after. If you’re estimating cost exposure, a redundancy calculator can help you get a rough starting figure.
Serious Misconduct And No Notice
In cases of serious misconduct, the employer may be able to terminate without notice.
This is a high-risk area for small businesses because:
- what counts as “serious misconduct” can be disputed
- process still matters (even where the conduct seems obvious)
- you may still have final pay obligations
If you’re considering termination for serious misconduct, it’s worth getting advice on the process and documentation so you don’t accidentally create unfair dismissal or general protections exposure.
How To Manage Weeks Notice Properly As An Employer (Practical Steps)
Even when the law is on your side, weeks’ notice issues often become disputes because the process wasn’t clear, consistent, or documented.
Here’s a practical approach many small businesses adopt.
1) Put Your Notice Rules In Writing (Before You Need Them)
Your best protection is to have clear employment documents from day one, including:
- a tailored employment contract with an enforceable notice clause
- policies covering handover, return of business property, and confidentiality expectations
- a clear process for resignations (who they notify, what happens next)
If your contracts are inconsistent across staff, it becomes very difficult to apply weeks’ notice fairly - and “fairness” is often what reduces escalation, even when you’re technically correct.
2) Confirm The Last Day In Writing
Whether it’s a resignation or termination, confirm:
- the employee’s last working day
- whether they are working out notice or receiving payment in lieu
- handover expectations (brief, achievable, and relevant)
- return of property (keys, devices, uniforms, cards)
This doesn’t need to be a long letter for every situation, but it should be unambiguous.
3) Make Sure You’re Meeting Minimum Legal Notice Requirements
If you’re ending employment, the legal anchor point is typically the NES notice rules in the Fair Work Act. Employers often refer to section 117 when looking at minimum termination notice requirements.
Then you overlay:
- the award/enterprise agreement requirements (if any), and
- the contract terms (if they provide more than the minimum).
4) Decide Whether The Employee Will Work Their Notice Period
From a business perspective, sometimes having an employee work their notice is ideal (handover, training a replacement). Other times it increases risk (customer relationships, system access, workplace conflict).
Consider:
- the employee’s role and access to confidential information
- the impact on clients and the team
- how quickly you can transition duties
- whether paying notice out is the cleaner option
Whatever you decide, aim for consistency and documentation.
5) Calculate Final Pay Carefully
Final pay often includes more than just the weeks’ notice component. Depending on the circumstances, it may include:
- ordinary wages up to the end date
- unused annual leave (and potentially leave loading where applicable)
- payment in lieu of notice (if you choose to end employment immediately)
- any redundancy pay (if redundancy applies and no exemption applies)
If you regularly deal with different notice scenarios, it helps to have a repeatable internal checklist or payroll procedure.
6) Build A “Notice Period Playbook” For Managers
If you have team leaders or managers, it’s worth giving them a simple internal guide so you avoid “off the cuff” decisions that create legal or employee relations risk.
A basic playbook might include:
- who managers must notify internally when someone resigns
- what they can and can’t promise about letting someone leave early
- how handovers should work
- who handles system access changes
- what to do if the situation becomes contentious
This isn’t about making things overly rigid - it’s about making sure your business reacts calmly and consistently when weeks’ notice issues arise.
Key Takeaways
- Weeks’ notice in Australia depends on the NES, the employee’s length of service, the employment contract, and whether a modern award or enterprise agreement applies.
- Employer termination notice is commonly driven by the NES minimum notice periods (with extra considerations in some cases, such as age and service).
- Employee resignation notice is often set by an award and/or the employment contract, so it’s important to confirm the correct instrument before agreeing to an early exit.
- Small businesses can reduce notice period disputes by using clear contracts, confirming last working days in writing, and handling final pay carefully.
- When you need the employee to stop working immediately, payment in lieu of notice or (where there is a proper contractual/legal basis) garden leave may be options - but the contract wording and compliance steps matter.
If you’d like help setting clear weeks’ notice rules in your contracts or managing a resignation or termination, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
