Recent decisions revisit the relevance of the law of
reasonable notice of termination.
In recent years, there have been a number of important judicial
decisions which have considered whether the concept of
"reasonable notice" of termination continues to have
relevance to Australian employment contracts.
The traditional view is that where an employment contract is
either silent on notice of termination or includes an inadequate
period of notice of termination (for example, an old employment
contract which relates to an employee's former position), then
the law implies a term requiring the employer to provide a
"reasonable" period of notice of termination.
In considering what constitutes a reasonable period, the Courts
have considered factors such as the employee's age, experience,
tenure, seniority and likelihood of obtaining alternative
employment. In Australia, it is generally accepted that older and
more senior employees with long periods of service may be
