Minimum Notice and Terms of Employment Acts

Minimum Notice and Terms of Employment Acts 1973 to 2001

This Act provides that employees in continuous service with the same employer for at least 13 weeks are entitled to a minimum period of notice before an employer can dismiss them.

The period of notice to which an employee is entitled varies according to length of service.

Length of Service	Notice
13 weeks to less than 2 years	1 week
2 years to less than 5 years	2 weeks
5 years to less than 10 years	4 weeks
10 years to less than 15 years	6 weeks
More than 15 years	8 weeks

The Acts also provide that employers are entitled to at least 1 week notice of termination from employees who have been employed by them for 13 weeks or more.

Notice entitlements under a contract of employment may exceed the minimum notice periods stipulated under this Act but any provision in a contract for shorter periods has no effect.

The Acts do not affect the right of an employer or employee to terminate a contract of employment without due notice due to the misconduct of the other party.

An employer can waive their right to notice and an employee can accept payment in lieu of notice.

Overtime

In general there is no Employment Rights Legislation covering Overtime. Employees do not have a statutory entitlement to overtime pay.

A policy in relation to overtime pay may be agreed between Employer and Employee as part of an Employee’s terms and conditions of employment or through collective agreements between the Employer and Employee representatives.

An employee who is not paid in accordance with his/her terms of employment may refer a complaint to a rights commissioner under the Payment of Wages Act 1991.