Redundancy notice periods

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EmployerEmployee / worker

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.

When an employee is made redundant, there are minimum notice periods that must be provided in addition to any required redundancy payments

These minimum notice periods do not apply if the employee is:

  • a casual employee
  • a fixed term employee who has reached the end of the contract
  • an apprentice or trainee completing the training period
  • dismissed for serious misconduct. 

If a WA award requires a longer amount of notice than in the table below, the notice under the applicable WA award must be given - check the WA award summaries page.  

Notice periods for redundancy

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. 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. 

Record keeping

All state system employers are legally required to keep employment records that detail time worked, leave taken and pay received by employees.

Learn more on the record keeping requirements page

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