How much notice must an employee give when resigning?

Authored by the LexisNexis Legal Writer team.

How much notice is required?

The Fair Work Act 2009 (Cth) (FW Act) only specifies the minimum period of notice that must be given by an employer to an employee when terminating their employment. See Notice of dismissal.

The notice required to be given to an employer by a resigning employee will generally be found in the applicable award, enterprise agreement or employment contract. It is not prescribed by the FW Act.

Awards and agreements that deal with notice of resignation generally provide that the period of notice to be given by an employee mirrors that required by an employer (but without making any additional provision for the age of the employee concerned). Commonly, notice must be given in writing.

If there is no express clause requiring the employee to give notice of termination in an award, agreement or employment contract, the employee may be expected (but may not be required by law) to provide sufficient notice to allow the employer to find an acceptable replacement.

Are there any consequences for an employee who fails to give proper notice?

Failure by an employee to give notice of termination as required by an award or agreement contravene the civil remedy provisions in the FW Act: ss 45 and 50.