NOTICE OF TERMINATION

Generally, you or your employer need to provide notice when ending the employment relationship.

How much notice needs to be given depends on your length of service with your employer.

The NES sets out the minimum notice period that must be given, as follows:

Period of continuous service	Minimum notice period
1 year or less	1 week
More than 1 year – 3 years	2 weeks
More than 3 years – 5 years	3 weeks
More than 5 years	4 weeks

Note: If you are over 45 with at least 2 years of continuous service, the employer must add an extra week of notice (to the above table).

Your award, employment contract, or enterprise agreement may set out a longer minimum notice period.

Your employer may allow you to work through your notice period, pay it out to you (also known as pay in lieu of notice), or give a combination of the two.

REDUNDANCY

Redundancy occurs when, through no fault of your own, the job you have been performing is no longer required. For example, if there is a downturn in production.

If your job is made redundant, you may be entitled to redundancy pay .

The NES sets out the minimum amount of redundancy pay, based on your period of continuous service, as follows:

Period of continuous service	Redundancy pay
At least 1 year but less than 2 years	4 weeks
At least 2 years but less than 3 years	6 weeks
At least 3 years but less than 4 years	7 weeks
At least 4 years but less than 5 years	8 weeks
At least 5 years but less than 6 years	10 weeks
At least 6 years but less than 7 years	11 weeks
At least 7 years but less than 8 years	13 weeks
At least 8 years but less than 9 years	14 weeks
At least 9 years but less than 10 years	16 weeks
At least 10 years	12 weeks*

 

Your award, employment contract, or enterprise agreement may entitle you to a more generous redundancy pay.

Before making your position redundant, your employer may have an obligation under your award, enterprise agreement, or contract of employment to follow a consultation process. This means you, and/or the Offshore Alliance must be consulted with before implementing your redundancy.

Failure to comply with a mandatory consultation process may be grounds for an unfair dismissal claim. If you think this has occurred, contact the Offshore Alliance.

UNFAIR DISMISSALS

If you believe you have unfairly sacked by your employer, or you were forced to resign because of something your employer did, you may be able to make an application to the Fair Work Commission for either unfair dismissal or general protections.

Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect.

If you believe you have been unfairly dismissed, contact the Offshore Alliance as soon as possible.

FINAL PAY

Your final pay upon termination must include:

• outstanding wages for hours worked, including penalty rates and allowances
• any accumulated annual leave (including payment of annual leave loading) (if applicable)
• accrued or pro rata long service leave (if applicable)
• payment in lieu of notice (if applicable)
• redundancy pay (if applicable)

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