Notice of Termination and Redundancy Pay in New South Wales
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
When your employer ends your employment, the NES requires them to give you a minimum notice period based on how long you have worked there:
- 1 week — service of 1 year or less.
- 2 weeks — more than 1 year, up to 3 years.
- 3 weeks — more than 3 years, up to 5 years.
- 4 weeks — more than 5 years.
Employees over the age of 45 with at least 2 years of service get an extra week of notice.
Your employer can choose to pay you in lieu of notice instead of having you work the notice period.
If your job is made redundant (the position itself is no longer needed), you are entitled to redundancy pay. The amount depends on your years of service, starting at 4 weeks' pay for 1-2 years and going up to 16 weeks' pay for 9-10 years of service. After 10 years, the entitlement is 12 weeks. Small businesses (fewer than 15 employees) are exempt from redundancy pay.
When does it apply?
- You are a permanent employee (full-time or part-time) who has been dismissed.
- Notice requirements do not apply to casual employees, employees terminated for serious misconduct, or fixed-term contract workers whose contract has simply expired.
- Redundancy pay applies when your position is genuinely no longer needed — not when you are fired for performance or conduct.
What to Do If You Are Made Redundant or Not Given Proper Notice in Australia
- Check your notice period against the NES minimums and your award or agreement (which may give you more).
- If you are made redundant, calculate your entitlement using the Fair Work Ombudsman's online tools.
- Make sure your final pay includes all outstanding wages, accrued leave, notice pay, and redundancy pay.
- Contact the Fair Work Ombudsman on 13 13 94 if your employer hasn't paid what you're owed.
What should you NOT do?
- Don't accept being told to leave immediately without either working your notice period or being paid in lieu.
- Don't confuse being fired with being made redundant — redundancy means the job no longer exists, not that you did something wrong.
- Don't assume a small-business exemption applies without checking — count all employees including casuals at the time of dismissal.
How New South Wales differs from federal law
Notice of termination and redundancy pay for most NSW workers follows the National Employment Standards under the Fair Work Act 2009. NSW state-system employees have additional protections under state awards and the Industrial Relations Act 1996 (NSW).
- Under the NES, the minimum notice period ranges from 1 week (for less than 1 year of service) to 4 weeks (for 5+ years), with an extra week for employees over 45 who have worked for at least 2 years.
- Redundancy pay under the NES ranges from 4 weeks' pay (1-2 years service) to 16 weeks' pay (9-10 years), then reduces for longer service. Small businesses (fewer than 15 employees) are exempt from NES redundancy pay.
- NSW state-system employees (public servants, local council workers) often have more generous redundancy provisions under their state awards. The NSW Government's Managing Excess Employees policy provides for voluntary redundancy packages that typically exceed the NES minimums.
- The NSW Industrial Relations Commission can hear disputes about redundancy for state-system employees and has the power to make orders for reinstatement or additional compensation.
Additional Steps in New South Wales
If your employer fails to provide proper notice or redundancy pay, lodge a claim with the Fair Work Ombudsman (national system) or the NSW Industrial Relations Commission (state system). Free advice is available from LawAccess NSW (1300 888 529).
Relevant Law: Fair Work Act 2009 (Cth), ss 117-123; Industrial Relations Act 1996 (NSW); Crown Employees (Public Service Conditions of Employment) Reviewed Award
Common Questions
When does notice of termination and redundancy pay apply?
You are a permanent employee (full-time or part-time) who has been dismissed.Notice requirements do not apply to casual employees, employees terminated for serious misconduct, or fixed-term contract workers whose contract has simply expired.Redundancy pay applies when your position is genuinely no longer needed — not when you are fired for performance or conduct.
What should I do if my employer in Australia hasn't given me proper notice or redundancy pay?
Check your notice period against the NES minimums and your award or agreement (which may give you more).If you are made redundant, calculate your entitlement using the Fair Work Ombudsman's online tools.Make sure your final pay includes all outstanding wages, accrued leave, notice pay, and redundancy pay.Contact the Fair Work Ombudsman on 13 13 94 if your employer hasn't paid what you're owed.
What mistakes should I avoid with notice of termination and redundancy pay?
Don't accept being told to leave immediately without either working your notice period or being paid in lieu.Don't confuse being fired with being made redundant — redundancy means the job no longer exists, not that you did something wrong.Don't assume a small-business exemption applies without checking — count all employees including casuals at the time of dismissal.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.