How much notice must an employee/employer give when they want to terminate employment?
Employment legislation does not specify how much notice an employee needs to give when they resign from their position or if an employer wishes to terminate their employment. In the first instance, the parties should refer to any written agreement that is in place. If there is no written agreement, then the employee/employer must provide fair and reasonable notice.
What is fair and reasonable will depend on aspects such as, but not limited to, the type of position the employee held taking into consideration how long it could take to replace them, how much training is involved to fill the position and common policies and practice in the workplace. It is not necessarily a reflection of how often an employee is paid; however, it can be used as a guide as long as it is fair and reasonable.
There is nothing to prevent an employer or employee from providing more notice than required under an employment agreement. However, if the parties intend on restricting notice of termination to “no more or less” than that agreed to in the employment agreement then this should be detailed clearly in the agreement.
Date Modified: Monday, 30 March 2015
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