When an employee is being dismissed, notice must be given. The notice starts when the employer tells the employee that they want to terminate the employment. Notice ends on the last day of employment.
The length of notice an employee must be given is determined by how long they have worked for you and their type of employment. If someone has worked for you continuously for over one year but less than three you must provide a minimum of two weeks’ notice.
An employer must give the following notice periods when terminating an employee;
- Less than 1 year’s employment Р1 weeks’ notice.
- 1-3 years employment Р2 weeks’ notice
- 3-5 years employment Р3 weeks’ notice
- Over 5 year’s employment – 4 weeks’ notice.
An employee is entitled to receive an extra week of notice if they are over 45 years old and have worked for the employer for a minimum of 2 years.
Sometimes an award, registered agreement or employment contract can specify longer minimum notice periods.
If a registered agreement has been put in place, check the terms of the agreement for the correct amount of due notice.
The minimum amount of notice an employer must provide is determined by the length of the employees continued service with them. Continuous service is the length of time an employee is employed by a business. Service does not include unpaid leave, with the exception of unpaid parental leave which does count as service towards notice of termination.
An employer may provide more notice than they are obligated to in the award, registered agreement or contract. The employee is only required to work out the minimum notice period although they are able to work out the extra notice if they choose to do so.
An employee is entitled to take annual leave during a notice period if the employer consents to the leave.
An employee may also take sick leave during a notice period if they provide notice of the leave as soon as possible and evidence (medical certificate ) if required.
If an employee has used up all of their sick leave they may take unpaid sick leave. They will still have to provide notice and evidence if required.
An employee cannot be forced to take leave as part of their notice period.
An employer can also provide payment as a replacement for notice, which can be equal to or exceed the total amount the individual would have been paid for the required amount of notice.