Notice of Termination and Redundancy Pay in South Australia
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 South Australia differs from federal law
Notice of termination and redundancy pay for SA workers follows the National Employment Standards under the Fair Work Act 2009 (Cth). Since SA is a referral state, there is no separate state-based termination regime.
- 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.
- SA Government employees have additional redeployment and redundancy provisions under the Public Sector Act 2009 (SA) and relevant enterprise agreements, which typically provide more generous redundancy packages than the NES minimums.
- Where an employer is insolvent and cannot pay redundancy entitlements, SA workers can access the Fair Entitlements Guarantee (FEG), a federal safety net that covers unpaid wages, notice, redundancy, and leave.
Additional Steps in South Australia
If your employer fails to provide proper notice or redundancy pay, lodge a claim with the Fair Work Ombudsman (fairwork.gov.au). For insolvency situations, apply to the FEG through the Department of Employment. Free advice is available from the Legal Services Commission of SA (1300 366 424).
Relevant Law: Fair Work Act 2009 (Cth), ss 117-123; Public Sector Act 2009 (SA); Fair Entitlements Guarantee Act 2012 (Cth)
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.
Notice of Termination and Redundancy Pay in other states
Same topic, different jurisdiction. Pick the one that applies to you.