Giving Notice & Resigning
Last updated September 2026
Reviewed by the Australian Unions policy team, September 2026
When you decide to leave your job, or your employer decides to end your employment, there is usually a period of notice that must be given. This ensures both parties have time to prepare for the change.
Understanding your rights and obligations during this time is crucial for a smooth transition.
What giving notice means
A notice period is the minimum amount of time an employer or employee must give to end the employment relationship. The period of notice employers are required to give is set by the National Employment Standards (NES), with awards, agreements and contracts able to add to, but not reduce, these minimums. The period of notice an employee is required to give when resigning can be set by an Award, agreement and/or an employment contract. While a verbal resignation is legally valid, it’s always best to provide a formal resignation letter in writing for your records.
How much notice you need to give
The amount of notice that you need to give when resigning will be set out in the Award or agreement or employment contract that applies to your employment. If these documents are silent on your notice period you will need to give reasonable notice.
When your contract requires more
An employment contract can require a longer notice period compared with an award.
Casual employees
Casual employees are generally not required to give notice. However, an Award, agreement, or employment contract may specify notice requirements. In any case, and as a matter of practice, it is still a good idea to inform your employer of your final day/shift at work. As discussed above, this is best done in writing.
After you give notice
Working the notice period
If you are resigning, you are generally expected to continue performing your duties and attend work as normal throughout your notice period. During this time, your employer cannot demote you or reduce your pay.
Final pay and entitlements
On or after your last day of employment, you are entitled to receive your final pay. This must include any outstanding wages owed, payment for any unused annual leave (including leave loading where applicable), and any accrued long service leave. Leftover sick leave is generally not paid out. The timing by which certain entitlements must be paid depends on your award or agreement
References and personal items
While you may request a reference from your employer there is no legal obligation for this to be provided. It’s advisable to retrieve all your personal items from the workplace before your last day of employment. Likewise, you will be required to return any of the employer’s property you may have at your home.
If your employer ends your job
If your employer decides to terminate your employment, they also have obligations regarding notice.
NES notice periods by years of service
The minimum amount of notice that needs to be given by an employer under the NES is generally determined by how long you have worked for your employer.
| Period of continuous service | Minimum notice period |
| 1 year or less | 1 week |
| 1 – 3 years | 2 weeks |
| 3 – 5 years | 3 weeks |
| 5+ | 4 weeks |
If you are over 45 and have been working for the same employer for more than two years, you are entitled to one extra week of notice – on top of what you would otherwise get. This only applies to the situation where the employer has terminated your employment (i.e. employees over 45 do not need to give additional notice of their resignation).
Pay in lieu of notice from the employer
An employer can choose to pay you out for the notice period rather than having you work it. This payment must cover all wages and entitlements you would have received during the notice period had it been worked as normal.
Summary dismissal for serious misconduct
An employer can dismiss you immediately without notice or payment in lieu of notice if you engage in serious misconduct. Serious misconduct includes conduct that wilful or deliberate and is inconsistent with continuing employment. It also includes conduct that creates a serious and imminent risk to health, safety or the viability of the employer’s business. Examples of serious misconduct can include theft, fraud, assault sexual harassment, attending work intoxicated and a refusal to follow a lawful and reasonable direction given by your employer.
Unfair dismissal
If you believe you have been unfairly dismissed, you may have grounds for an unfair dismissal claim.
Redundancy notice
If your role is made redundant, your employer must still provide you with the same minimum notice periods as outlined in the NES. In addition to this notice, you may also be entitled to redundancy pay.
Who is not entitled to notice
In some circumstances, notice is not required.
Casual employees
Casual employees are generally not covered by the NES provisions for notice of termination, as their employment is not ongoing.
Fixed-term contract workers ending naturally
If your employment is under a fixed-term contract and it simply reaches its specified end date, no notice of termination is typically required from either party as the end date is known in advance.
Workers dismissed for serious misconduct
As noted above, dismissal for serious misconduct allows an employer to terminate employment immediately without notice.
What to do if your employer pushes back
Navigating resignation or dismissal can be challenging, and employers don’t always follow the rules. Here’s what to do if you encounter issues.
‘We are not paying out your unused leave’
Your employer is generally obliged to pay out unused annual leave and, in certain circumstances long service leave as part of your final pay. Failing to do so can be a form of wage theft.
‘You are dismissed effective immediately’ (no serious misconduct)
If your employer dismisses you immediately without notice, and without genuine serious misconduct, they may be in contravention of the Fair Work Act. You may be entitled to payment in lieu of notice and, if eligible, may have an unfair dismissal claim.
Get your union involved
If you face any of these issues, contact your union immediately. Unions handle these types of escalations daily, providing expert advice and representation to members, often free of charge. Find your union to get support. .
Resigning the right way? Your union has your back
Leaving a job can be a daunting process, but you don’t have to navigate it alone. If your employer pushes back on your entitlements, disputes your notice period, or attempts to dismiss you unfairly, your union is your first call. Union members get expert advice and support to ensure their rights are protected every step of the way. Join your union today!
Resignation and Notice Periods – Frequently Asked Questions
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How much notice do you have to give when resigning in Australia?
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The amount of notice you must give depends on your length of continuous service and whether you are covered by an Award or agreement or if your contract of employment specifies a period of notice. We recommend you check these documents and contact your union for further advice if you are considering resigning your employment.
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How much notice does a casual employee have to give?
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Casual employees are generally not required to give a specific amount of notice unless their specific award, agreement, or employment contract states otherwise. It’s always best to check these documents. Practically however, and as a matter of professional courtesy, it will usually be appropriate to notify the employer of the final day of employment.
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What happens if I do not give enough notice when I resign?
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It is important to give the correct amount of notice specified in a contract, award or agreement. If you are likely to have difficulties complying with a notice period we recommend you check your award or agreement and contract of employment and seek further advice from your union prior to resigning.
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What is the benefit of a notice period?
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A notice period protects both employers and employees by providing a set timeframe for transition. It offers employees job security and time to find new work, while allowing employers to manage staffing changes and handover processes smoothly.
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Can my employer pay me out instead of working notice?
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Yes, if your employer ends your job, they can choose to pay you out for the notice period instead of having you work it. This “payment in lieu of notice” must include all wages and entitlements you would have received during that time.
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Can my employer dismiss me without notice?
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An employer can only dismiss you immediately without notice (summary dismissal) in cases of genuine serious misconduct. In all other circumstances, they are legally required to provide you with the appropriate notice period or pay in lieu of notice.
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What if my contract requires me to give more notice than the Award?
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If your contract states a longer notice period than an Award, the longer period generally applies.
Go deeper
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