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ARTICLE · 29 MARCH 2017

Reasonable notice on termination of employment - has it a future?

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This article looks at recent developments and the various and disparate approaches by courts and tribunals on the issue.

AustraliaEmployment and HR
Richard Ottley
Richard Ottley
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Swaab Author
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INTRODUCTION

Termination of a contract of employment upon reasonable notice has long been regarded as part of the employment law landscape. It bridges the gap where the parties to the employment relationship have failed to specify in the contract of employment, the period of notice necessary to end the relationship without cause. In such circumstances, the principle was developed at common law that the contract of employment could be terminated on whatever period of notice was found to be reasonable. Notice periods as divined under common law principles have ranged up to 12 months Quinn v Jack Chia (Australia) Ltd (1992) 1 VR 567 (in New Zealand reasonable notice of 18 months has been awarded: Ogilvy & Mather (NZ) Ltd v Turner [1996] 1 NZLR 641).

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