Dismissal notice periods
The information on this page applies only to employers and employees in the WA state industrial relations system. The state system covers businesses which operate as sole traders, unincorporated partnerships, unincorporated trust arrangements as well as any incorporated associations or not for profit bodies that are not trading or financial corporations. The Guide to who is in the WA State System has more detail.
This information does not apply to any business which operates as a Pty Ltd business and is a trading or financial corporation nor to any incorporated association or not for profit body that is a trading or financial corporation. These businesses and organisations are in the national fair work system and should visit the Fair Work Ombudsman website for information on employment laws.
There are minimum notice periods required for full time and part time employees based on how long the employee has been employed and the employee's age. These are in the table below.
The relevant WA award may also require an employer to give a certain amount of notice when a employee is dismissed. If the WA award requires a longer amount of notice than in the table below, the notice specified in the WA award must be given. You should check the WA award summaries or contact Wageline.
These notice periods do not apply if the employee is casual. Casuals can be dismissed by giving the notice required in relevant WA award or reasonable notice if there are no specific award provisions or the employee is award free. They also do not apply if the employee is being dismissed for serious misconduct and information on serious misconduct is on the Dismissal - general information page.
|Employee's period of continuous service||Minimum period of notice|
|Not more than 1 year||At least 1 week|
|More than 1 year but not more than 3 years||At least 2 weeks|
|More than 3 years but not more than 5 years||At least 3 weeks|
|More than 5 years||At least 4 weeks|
If the employee is aged 45 years or older and has at least two years continuous service, he or she is entitled to one extra week of notice on top of these minimum periods – for example, a 50 year old employee who has worked continuously for 3½ years must get 4 weeks’ notice (3 weeks plus 1 week).
Payment in lieu of notice is generally allowed but this depends on the award or agreement. The payment must be at least the amount the employee would have been paid if he or she had worked during the entire notice period.
If the employee resigns during the notice period he or she is only entitled to payment for the part of the notice period that was actually worked.
All state system employers are legally required to keep employment records that detail time worked, leave taken and pay received by employees.
Share this page: