Your Rights When Leaving a Job

Know your rights when leaving a job. Whether you’re quitting or being fired, understand your entitlements and protections.

Quitting Your Job

How Much Notice?

Check your award, agreement or contract for the required notice period. Casuals don’t need to give notice unless your contract says otherwise. Always put your resignation in writing and keep a copy.

After You Resign

Your boss must accept your resignation, although you must provide the correct amount of notice. You can:

• Work out your notice period; or
• Take leave (if your employer agrees)

Important: Your employer can’t force you to take leave or stop paying you during the notice period.

Getting Fired

Notice Periods

Your employer must give you notice based on how long you’ve worked there:

• Under 1 year: 1 week
• 1-3 years: 2 weeks
• 3-5 years: 3 weeks
• 5+ years: 4 weeks

They can pay you out instead of having you work. Casuals, fixed-term contracts and serious misconduct cases don’t get notice.

Note: Employers must provide an additional week’s notice to employees that are aged 45 years old and have at least two years continuous service

Unfair Dismissal

You’re protected from being sac ked unfairly if you’ve worked:

• 6 months for regular businesses
• 12 months for small businesses (under 15 employees)

You can challenge unfair dismissal if:

• Your firing was harsh, unreasonable or unjust
• You were discriminated against (race, gender, age, disability, pregnancy, religion, union membership, etc.)
• You were sacked for being sick, taking leave, or making a complaint

Act fast: You have only 21 days to lodge a claim with Fair Work. Contact your union immediately for help.

Warnings

Warnings can be verbal or written. You don’t need three warnings to be fired—just one is enough. If you disagree with a warning, say so in writing. Your union can advise you on unfair warnings.

Redundancy (When Your Job Disappears)

What is Redundancy?

Your job is redundant when it’s genuinely no longer needed—not just you, but the actual role. Your employer must consult you before making redundancies and offer you another suitable job if one exists.

Redundancy Pay

Most permanent workers get redundancy pay. Casuals, small business employees (under 15 staff), and those employed under 1 year usually don’t qualify.

How much you get (based on years of service):

• 1-2 years: 4 weeks pay
• 2-3 years: 6 weeks pay
• 3-4 years: 7 weeks pay
• 4-5 years: 8 weeks pay
• 5+ years: 10-16 weeks pay (depending on length)

Plus you still get your notice period on top of this.

Dodgy Redundancies

Your employer can’t use redundancy as an excuse to fire you and hire someone else for the same job. If this happens, contact your union—you may be able to claim unfair dismissal.

Forced to Quit

If you’re being bullied, harassed, underpaid, or pressured into resigning—this could be what’s known as constructive dismissal and may count as unfair dismissal. Talk to your union before you resign.

Your Final Pay

What You’re Owed

Your final pay (usually within 7 days) must include:

• Outstanding wages
• Unused annual leave (including leave loading)
• Unused long service leave
• Redundancy pay (if applicable)
• Pay instead of notice (if applicable)

You don’t get paid out for sick leave.

If Your Employer Goes Bust

If your employer goes into liquidation, you may be covered by the Fair Entitlements Guarantee (FEG) for:

• Up to 13 weeks unpaid wages
• Unused annual and long service leave
• Up to 5 weeks notice pay
• Up to 4 weeks redundancy per year of service

You must lodge a claim within 12 months. Your union can help.

Serious Misconduct

You can be fired on the spot without notice for serious misconduct like:

• Stealing or fraud
• Being drunk/high at work
• Putting health and safety at serious risk
• Refusing reasonable work tasks

If you’re accused of serious misconduct:

• Contact your union immediately
• Keep all communication in writing
• Bring a union rep to any meetings

If the dismissal seems harsh or unfair, you may still be able to challenge it.

Need Help?

Join your union today. Unions provide free advice and can help you with:

• Understanding your award or agreement
• Calculating your entitlements
• Challenging unfair treatment
• Lodging claims with Fair Work
• Representing you in disputes

All enquiries are 100% confidential. Find and join your union at: australianunions.org.au

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