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ARTICLE · 21 FEBRUARY 2022

Reasonable notice for termination of employment

If there is no agreement about notice, the term of "reasonable notice" is implied into the contract of employment.

AustraliaEmployment and HR

Do I still get reasonable notice?

That is a very good question, and until very recently we would have said, Yes!

For those without an agreed period of notice for termination of their employment, the implied term of reasonable notice was a comforting backup.  But there are now a few straws in the wind telling us that reasonable notice may be no more.

What is reasonable notice?

How would you know when your employment would end if there were no agreement about the period of notice to be given?

The courts have an answer for that problem: the period of notice will be implied by the court, and that period will be reasonable notice.  The term of reasonable notice is implied into the contract of employment as a matter of law.  The courts do so because the term is necessary to make the contract operate.  If the courts did not imply that term of reasonable notice, then there would be no clear way to terminate employment. 

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