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ARTICLE · 15 OCTOBER 2017

Is your notice of termination effective?

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

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When preparing termination letters, it is important that employers specify the date that the employment will end.

AustraliaEmployment and HR
Jennifer Teh (Formerly With Holding Redlich)
Jennifer Teh (Formerly With Holding Redlich)
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An employee has been allowed to proceed with their unfair dismissal claim because an employer did not specify their end date in the letter of termination. In the recent case of Metropolitan Fire and Emergency Services Board v Garth Duggan [2017] FWCFB 4878 (Metropolitan Fire) the Full Bench of the Fair Work Commission (Commission) found that notice of dismissal must specify the date when the employment will end, or at least provide an 'ascertainable date' in order to comply with the Fair Work Act 2009.

Facts

Mr Garth Duggan was a recruit firefighter with the Metropolitan Fire and Emergency Services Board (MFB), who was covered by MFB's Enterprise Agreement. Shortly after he started with MFB, MFB became aware of conduct that Mr Duggan had engaged in prior to starting with MFB (adverse findings of professional misconduct whilst practising as an osteopath) and required Mr Duggan to address MFB's concerns. Mr Duggan's union then notified MFB of a dispute under the

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