# Termination Entitlements — NES (Fair Work Act 2009 (Cth))

**Controlling legislation:** *Fair Work Act 2009* (Cth), ss 117 and 119.

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## (a) Minimum Period of Notice — s 117

Section 117(3) sets the following scale based on continuous service:

| Period of continuous service | Notice |
|---|---|
| Less than 1 year | 1 week |
| 1 year and less than 3 years | 2 weeks |
| 3 years and less than 5 years | 3 weeks |
| **5 years or more** | **4 weeks** |

An additional week applies only if the employee is **45 or over** and has at least 2 years of service (s 117(3) proviso). This employee is under 45, so no extra week applies.

**6 years of service → base entitlement = 4 weeks.**

> **(a) Minimum notice period: 4 weeks**

The employer has paid this out rather than requiring the employee to work it, which is expressly permitted under s 117(2).

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## (b) Redundancy Pay — s 119

Section 119(2) sets the following scale:

| Period of continuous service | Redundancy pay |
|---|---|
| 1 year and less than 2 years | 4 weeks |
| 2 years and less than 3 years | 6 weeks |
| 3 years and less than 4 years | 7 weeks |
| 4 years and less than 5 years | 8 weeks |
| 5 years and less than 6 years | 10 weeks |
| **6 years and less than 7 years** | **11 weeks** |
| 7 years and less than 8 years | 13 weeks |
| 8 years and less than 9 years | 14 weeks |
| 9 years and less than 10 years | 16 weeks |
| 10 years or more | 12 weeks |

The redundancy is genuine (s 119(1) threshold met). The employer is not a small business employer (s 119(1) exemption does not apply). The employee has exactly 6 years of continuous service, placing them in the **"at least 6 years but less than 7 years"** band.

> **(b) Redundancy pay: 11 weeks of base pay**