Notice required by the employer

No employer shall terminate the employment of an employee who has been employed for six consecutive months or more unless the employer gives:

• one week's notice in writing to the employee whose period of employment is less than 1 year

• two weeks’ notice in writing for a worker whose period is between 1-3 years

• three weeks’ notice for an employee that has worked between 3-4 years

• four weeks’ notice for an employee whose period of work has been between 4-5 years

• five weeks’ notice for an employee whose period of employment is 5-6 years

• seven weeks’ notice for an employee whose period is between 6-7

• eight weeks for employees who have worked 8 years or more

after notice has been given, the employer cannot change the terms of the employee’s agreement (including wages etc.) without the agreement of the employee.

Pay instead of notice

If an employer terminates an employee without giving the proper notice, the employer shall pay the employee termination pay in an amount equal to the amount that the employee would have been entitled to receive had they been given the notice.

Notice required by an employee

an employee who has been employed for six consecutive months or more shall not terminate their employment until after:

• one week’s notice to the employer if the employee is less than two years

• two weeks’ notice if the period of employment is 2-4 years

• three weeks’ notice if the period of employment is 4-6 years

• four weeks’ notice if the period of employment is six years or longer

Deduction instead of notice

If an employee terminates their employment with an employer without giving the required notice, the employer may, with the consent of the employee, deduct from the wages due to the employee an amount equal to one week's wages of the employee at the employee's regular rate of pay for the employee's normal hours of work:

• if an employee does not consent to the deduction of wages, the employer shall pay the amount to the director

• if the employer pays the amount required, the director shall investigate the matter and make one of the following orders:

  • whether the employee was required to provide notice

  • to repay the amount ti the employer;

  • to pay the amount to the employee if it does not apply or if it would be inequitable in the circumstances to deprive the employee of their wages.

YK ESA s.50-52, 56