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ARTICLE · 31 JANUARY 2017

Reasonable notice in employment contracts - yet more to consider

Bartier Perry Solicitors
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If employment contracts are written, the question of whether there is reasonable notice, and how much, may never arise.

AustraliaEmployment and HR
Mark Paul
Mark Paul
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Last August we drew attention to a number of decisions that the minimum notice requirements under section 117 of the Fair Work Act displaced any entitlement to reasonable notice.1 Just a few weeks later, there was a decision to the contrary. We have been waiting to see if there would be an appeal from those decisions, but none yet.

It's worthwhile reviewing the decision, McGowan v Direct Mail and Marketing Pty Ltd,2 to see how the arguments have developed.

What was the dispute about?

Mr McGowan claimed adverse action in being dismissed. He also claimed reasonable notice, arguing the original written contract (which provided for limited notice) had been displaced when he was promoted. He argued he was therefore entitled to reasonable notice. Mr McGowan had been paid the five weeks notice under the contract.

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