Notice Period for Redundancy: NES Rules Explained
The notice period for redundancy under the National Employment Standards runs from 1 week to 4 weeks, depending on how long you have worked for the employer, with 1 extra week if you are over 45 and have at least 2 years of service. Redundancy pay is a separate entitlement, so you can be owed both notice and a payment. Use our redundancy calculator guide to estimate the payment.
Notice period for redundancy: the NES minimum
This is the minimum an employer must give when it ends your employment, other than for serious misconduct.
| Years of service | Minimum notice from the employer | Extra week for age |
|---|---|---|
| Up to 1 year | 1 week | Not applicable under 2 years of service |
| 1 to 3 years | 2 weeks | 1 extra week if over 45 and at least 2 years of service |
| 3 to 5 years | 3 weeks | 1 extra week if over 45 |
| More than 5 years | 4 weeks | 1 extra week if over 45 |
Notice period Australia: how employer and employee notice differ
Notice works in both directions, and the rules are not identical for each side.
- Employer notice of termination has a minimum set by the National Employment Standards, based on years of continuous service.
- Employee notice when you resign comes from your award, agreement or contract, so check the clause before you hand in a letter.
- An employer can pay in lieu of notice, which means paying what you would have earned over the notice period instead of having you work it.
- Serious misconduct removes the need for notice, but an employer should still investigate first, as covered in our workplace misconduct guide.
- If you resign, a short resignation letter that states your last day keeps the record clear.
Redundancy pay and notice together
Notice and redundancy pay are two entitlements, so check both against the table.
| Years of service | Redundancy pay (15 or more employees) |
|---|---|
| Less than 1 year | None |
| 1 to 2 years | 4 weeks |
| 2 to 3 years | 6 weeks |
| 3 to 4 years | 7 weeks |
| 4 to 5 years | 8 weeks |
| 5 to 6 years | 10 weeks |
| 6 to 7 years | 11 weeks |
| 7 to 8 years | 13 weeks |
| 8 to 9 years | 14 weeks |
| 9 to 10 years | 16 weeks |
| 10 years or more | 12 weeks |
Notice period for redundancy: a worked example
Follow these steps with your own start date and age.
- Count your completed years of continuous service, for example 4 years.
- Find the notice band: 3 to 5 years gives 3 weeks of notice.
- Add 1 week if you are over 45 and have at least 2 years of service, which makes 4 weeks.
- Find the redundancy pay band: 4 to 5 years gives 8 weeks of pay, if the employer has 15 or more employees.
- Check the award or agreement for a longer notice period or a higher payment, and take whichever is better.
Notice period for redundancy by employer size
| Employer | Notice owed | Redundancy pay owed |
|---|---|---|
| 15 or more employees | NES minimum notice, or pay in lieu | Yes, from 1 year of service |
| Fewer than 15 employees | NES minimum notice, or pay in lieu | No NES redundancy pay |
| Employer covered by an award or agreement | The better of the NES and the instrument | The better of the NES and the instrument |
| NSW state public sector | State system rules apply | State system rules apply |
Tax on a redundancy payment
- Part of a genuine redundancy payment is tax-free: $13,598 plus $6,801 for each completed year of service in 2026-27.
- For 2025-26 the tax-free base was $13,100 plus $6,552 for each completed year of service.
- Notice paid in lieu and unused annual leave are generally treated separately from the tax-free amount, so confirm each part with the ATO.
- Check the ATO site or a registered tax agent for how your payment is taxed.
Employer obligations when giving notice
- Give written notice that states the last day of employment, the reason and the entitlements to be paid.
- Pay out unused annual leave and any other final pay at the end of employment, and give a payslip within 1 working day of payday.
- Pay super at 12% of ordinary time earnings for 2026-27, so it reaches the fund within 7 business days of payday.
- Check consultation and redeployment duties in the award or agreement before confirming a redundancy.
- Keep time and wage records for 7 years in case of a dispute.
Employee rights if notice or redundancy pay looks wrong
- Work out your service, age and employer size, then compare with the tables above.
- Ask your employer in writing how notice and any redundancy pay were calculated.
- Call the Fair Work Infoline on 13 13 94 for free help if the numbers do not match.
- If you believe the dismissal was not a genuine redundancy, check the 21 day time limit for an unfair dismissal application with the Fair Work Commission.
- Keep copies of your letter, payslips and emails.
Common mistakes to avoid
- Treating notice and redundancy pay as the same thing, when an employee can be owed both.
- Forgetting the extra week of notice for employees over 45 with at least 2 years of service.
- Paying in lieu of notice but leaving out the allowances or loadings the employee would have earned.
- Assuming a small business owes nothing, when notice still applies to employers with fewer than 15 employees.
- Using the NES minimum when an award or agreement gives a longer period or a bigger payment.
Notice period for redundancy FAQ
How much notice must an employer give for redundancy?
The minimum is 1 week for up to 1 year of service, 2 weeks for 1 to 3 years, 3 weeks for 3 to 5 years and 4 weeks for more than 5 years. Add 1 week if you are over 45 with at least 2 years of service.
Can an employer pay instead of giving notice?
Yes. Pay in lieu of notice is allowed, and it should equal what you would have earned over the notice period. It does not replace redundancy pay, which is a separate entitlement for employees of employers with 15 or more employees.
What is the notice period in Australia if I resign?
The National Employment Standards set minimum notice only for the employer. When you resign, the period comes from your award, agreement or contract. Read the clause, give notice in writing and agree your last day with your manager.
Do small businesses have to give redundancy notice?
Yes, employers with fewer than 15 employees still owe the NES minimum notice, or pay in lieu. They do not owe NES redundancy pay. An award, agreement or contract can still add entitlements, so check those documents too.
Getting notice period for redundancy right
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. For payment estimates, read our redundancy calculator guide. If you are hiring replacements or temporary cover, visit our recruitment page to talk to us.