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Section : Does nofice of terminafion apply to all employees?
Domain : Human Resource Management
Classification : Not Identified
Text Content
Under the NES, an employer does not need to provide notice of termination (or payment in lieu of notice) to employees who:
- are casual
- are employed for a set period of time or a season (for example, a fixed term contract or a seasonal fruit picker)
- are fired because of serious misconduct (for example, engaging in theft, fraud, sexual harassment or assault)
- have a training arrangement and are employed for a set period of time or for the length of the training arrangement (other than an apprentice)
- are daily hire working in the building and construction industry or the meat industry in connection with the slaughter of livestock
- are weekly hire working in connection with the meat industry and whose termination depends on seasonal factors (but not where termination is due to other reasons). An award or enterprise agreement may have different notice provisions for daily hire employees which could apply instead of those listed above. An apprentice gets notice of termination, unless they're:
- employed for a set period of time, or
- fired for serious misconduct. It can help to look at an employee's employment contract to see if they've been employed for a set period of time.