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A) You need to refer to the National Employment Standards. You must give the appropriate notice in writing. The appropriate notice required depends on the length of the employee’s continuous service. An employee’s period of continuous service does not include periods of unpaid leave
(with the exception of unpaid parental leave). The relevant notice period, depending on the length of continuous service, is as follows:
| Length of continuous service | notice period |
|---|---|
| Less than One year | One week |
More than One year, less than Three years | Two weeks |
| More than Three years, less than Five years | Three weeks |
| Over Five years | Four weeks |
Additionally, if the employee is over forty-five years old and has been employed for at least two years, you must add one extra week to the relevant notice period.
You may elect to make payment in lieu of notice.
You have not identified the reason for the dismissal. You must ensure that the dismissal is not ‘harsh, unjust or unreasonable’ in order to avoid an unfair dismissal claim
Kayt Hogan
LHD Lawyers Solicitor
LHD Lawyers
Website: https://www.lhd.com.au/