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There is no legal minimum of notice that an employee has to give to an employer when resigning from a position. However, notice periods will be recorded within an employment contract, an award or enterprise agreement that are determined by the employer, for which the employee will have agreed to upon signing their employment offer.
If an employer gives insufficient notice to an employee that is outside the mandated minimums proscribed under the Fair Work Act 2009, then it may be possible for an employee to open up an unfair dismissal case against the employer.
It is possible to reduce the notice period in Australia if an employee under three exceptional circumstances. These include:
If an employee is terminated under any of these circumstances, the employee has the right to forgo any notice periods or pay any severance payments.
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Employees should give their employers the amount of notice agreed upon in their employment contracts or what is listed under the relevant award or enterprise agreement for the industry. There are no laws though that dictate how much notice period an employee has to give when resigning from their role. You can read more about Australian notice periods and resignation here.
Under the Fair Work Act 2009, employers must give adequate notice to an employee based on how long the employee has worked with them. This must be in written form and include specific details related with the termination.
