Victoria Notice of Termination and Redundancy Pay Laws (2026)
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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?
Fired? Get notice pay. Redundant? Demand severance. The NES sets strict rules. Never walk away.
When does it apply?
- Fired? Notice pay applies if you are permanent (full/part-time).
- Job abolished? Redundancy pay applies if your role is cut.
- Exceptions: No notice/severance for casuals, serious misconduct, or expired contracts.
What to Do If You Are Made Redundant or Not Given Proper Notice in Australia
- Check minimums: Use the NES scale to verify notice weeks.
- Calculate severance: Redundancy pay scales up to 16 weeks based on tenure.
- Check final pay: Ensure it includes notice, redundancy, and leave.
- Report theft: Call Fair Work at 13 13 94 for unpaid amounts.
Generate a formal legal letter to support your rights using our Legal Letter Generator.
What should you NOT do?
- Don't leave empty-handed: Never walk out without payment in lieu of notice.
- Don't accept fake redundancy: If they hire someone else to do your job, it is unfair dismissal.
- Don't ignore the clock: Enforce your rights immediately before deadlines pass.
How Victoria differs from federal law
Notice of termination and redundancy pay for Victorian workers follows the National Employment Standards under the Fair Work Act 2009. Victoria does not have a separate state framework because it referred its industrial relations powers to the Commonwealth.
- The NES minimum notice periods (1-4 weeks depending on length of service, plus an extra week for employees over 45 with 2+ years service) apply to all Victorian workers.
- NES redundancy pay (4-16 weeks depending on service) applies. Small businesses (fewer than 15 employees) are exempt from NES redundancy pay.
- Many Victorian workers are covered by enterprise agreements that provide redundancy pay above the NES minimum. Victorian Government enterprise agreements typically offer generous redundancy packages.
- Victoria's Change or Suppression (Conversion) Practices Prohibition Act 2021 and Equal Opportunity Act 2010 mean that terminations motivated by a protected attribute (such as sexual orientation or gender identity) may give rise to additional claims beyond unfair dismissal.
- The Long Service Leave Act 2018 (Vic) requires employers to pay out accrued long service leave upon termination after 7 years of service (or pro-rata for termination other than for serious misconduct).
Additional Steps in Victoria
If your employer fails to provide proper notice or redundancy pay, contact the Fair Work Ombudsman. Free advice is available from JobWatch (1800 331 617) and Victoria Legal Aid (1300 792 387).
Relevant Law: Fair Work Act 2009 (Cth), ss 117-123; Long Service Leave Act 2018 (Vic); Equal Opportunity Act 2010 (Vic)
Common Questions
What is the notice of termination and redundancy pay right in Australia?
Fired? Get notice pay. Redundant? Demand severance. The NES sets strict rules. Never walk away.
When does notice of termination and redundancy pay apply?
Fired? Notice pay applies if you are permanent (full/part-time).Job abolished? Redundancy pay applies if your role is cut.Exceptions: No notice/severance for casuals, serious misconduct, or expired contracts.
What should I do if my employer in Australia hasn't given me proper notice or redundancy pay?
Check minimums: Use the NES scale to verify notice weeks.Calculate severance: Redundancy pay scales up to 16 weeks based on tenure.Check final pay: Ensure it includes notice, redundancy, and leave.Report theft: Call Fair Work at 13 13 94 for unpaid amounts.Generate a formal legal letter to support your rights using our Legal Letter Generator.
What mistakes should I avoid with notice of termination and redundancy pay?
Don't leave empty-handed: Never walk out without payment in lieu of notice.Don't accept fake redundancy: If they hire someone else to do your job, it is unfair dismissal.Don't ignore the clock: Enforce your rights immediately before deadlines pass.
Notice of Termination and Redundancy Pay in other states
Same topic, different jurisdiction. Pick the one that applies to you.