Notice of Termination of Employment Template - Australia

Instructions for completion

Customisation and adaptation

This template is a generalised form and must be tailored to reflect the specific circumstances of the termination. Different versions may be required depending on the reason for termination (e.g. redundancy, serious misconduct, poor performance, or abandonment of employment). Employers must ensure the content is appropriate to the factual and legal context of the termination.

Procedural fairness and compliance

Employers must ensure that termination of employment is conducted in accordance with legal obligations, including:

• Issuing the required period of written notice or providing payment in lieu;
• Complying with procedural fairness where termination is performance or conduct-related;
• Ensuring consistency with any relevant modern award, enterprise agreement, contract of employment, or internal policy; and
• Providing all accrued entitlements upon termination (e.g. annual leave, long service leave).

Failure to comply with these obligations may expose the employer to claims under the Fair Work Act 2009 (Cth). For further information, visit www.fairwork.gov.au or consult a qualified practitioner (e.g. Maguire Legal at [email protected]).

Supplementary notes

• Review the employee’s contract, classification, and applicable industrial instrument before issuing notice.
• Ensure the letter is signed by an authorised representative and dated.
• Keep a copy of the signed notice on the employee’s personnel file.
• Where termination is for redundancy, ensure genuine redundancy obligations (e.g. consultation and redeployment) have been satisfied.

Copyright and intellectual property notice

This document and its contents are subject to copyright protection under the Copyright Act 1968 (Cth) and all applicable intellectual property legislation. Unauthorised use, duplication, adaptation, or distribution is strictly prohibited without the prior written consent of Maguire Legal. Citation of excerpts is permitted only where full attribution is provided.

Legal disclaimer

This document has been prepared by Maguire Legal for general guidance purposes only. It does not constitute, and is not intended to constitute, legal advice. No warranties or representations are made as to its legal effect or suitability for specific circumstances. Users must exercise their own judgment and obtain independent legal advice prior to reliance. Maguire Legal disclaims all liability for any loss or damage arising from use of this document in whole or in part.

About Maguire Legal

Maguire Legal is an Australian law firm combining legal advice on all aspects of Australian employment, commercial, corporate and workplace relations law with exceptional business research skills and management development designed to build business capability in Australian enterprises of all types and size.