​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself - LawAssist

Notice or payment in lieu of notice

    How much notice should I ge​​t?

    If you are dismissed (sacked) you are generally entitled to be given notice before you have to stop working, unless you were dismissed because of serious misconduct. The minimum period of notice depends on how long you have worked for your employer. Your award, enterprise agreement or contract could entitle you to a greater period of notice.

     If you have been dismissed, you should get legal advice. Your dismissal may have been unfair or in breach of a general protection. For more information about unfair dismissal and general protections dismissal, see the 'Employment rights' page.

    Length of employment

    Minimum period of notice

    One year or less

    One week

    Three years or less, but more than one year​​

    Two weeks

    Five years or less, but more than three years

    Three weeks

    More than five years

    Four weeks

    Not all employees are entitled to notice. For example, casual employees may not be entitled to notice. You should get legal advice if you have been dismissed and you are not sure how much notice you are entitled to.

      You are entitled to an extra week's notice if you are over 45 years old and you have at least two years of continuous service with your employer.

    What is payment in lieu of notice?

    Instead of giving you the required period of notice, your employer can pay you an amount equal to your wages for the period of notice you are entitled to, and ask you to leave straight away. This is called a payment in lieu of notice. The amount owing is equal to the amount payable for the notice period that you are entitled to.

     If you resign you may also have to give notice. You should get legal advice about how much notice you should give. In some cases if you don't give enough notice your employer may be able to keep some of your final pay.

    When should I receive my payment?

    If your employer decides to pay you in lieu of notice, you will normally receive this payment with your final termination pay.

    You should be paid your full rate of pay for the hours you would have worked until the end of the notice period. Your full rate of pay includes any overtime, penalty rates, allowances, bonuses or commissions you would have normally earned over that period. Your employer can deduct amounts for tax.

    If you are not paid or you haven't been paid the right amount, there are steps you can take to try and recover the money that you are entitled to. For more information, see What if my entitlements are not paid?

      Case study - Mar​io

    Mario works as a cleaner w
    ith a big company. His employer recently told him that his employment with the company was being terminated.

    Mario has been employed with the company for two years and is therefore entitled to two weeks' notice.

    Mario's employer has offered to pay him the notice period instead of asking him to work for two weeks. Mario should receive two weeks wages as payment in lieu of notice with his final termination pay.

    Furth​er information

    ​​F​​​​air Work Ombudsman