An employee's employment is terminated by their employer.
There is a question about whether there is a written employment
contract in place.
Can the employer simply rely on the standard notice provisions
in the Fair Work Act to terminate?
Should the notice that is to be given be greater?
The issue of reasonable notice was examined recently by the
Federal Circuit Court in the matter of McGowan.
The Facts
The worker commenced employment with the employer in February
1999. The original employment contract provided for a 'sliding
scale' in relation to notice of termination by either party.
Over time, the worker's positions with the employer were
changed. The worker's employment was terminated on 17 November
2014, at which time he was paid five weeks' in lieu of notice
in accordance with the minimum requirements of the Fair Work Act,
but also taking into account the four weeks' notice that was to
be provided to the worker under his employment contract.
