High noon at the OK corral; reasonable notice of termination
There is a judicial stand off in Australia at the moment about contemporary legal standing of the common law principle that unless there is an express clause to the contrary, or a clause making specific provision, an employment contract will be interpreted so as to include a requirement for reasonable notice of termination; and the length of this notice will vary according to the nature of the position. In McGowan v Direct Mail and Marketing Pty Ltd (2016) FCCA 2227 Judge McNab of the Federal Circuit Court of Australia held that section 117 of the Fair Work Act, being part of the NES, is intended to provide a minimum notice period only and that it does not displace a right to reasonable notice where the contract of employment is silent on the question of notice. This decision conflicts with Kuczmarski v Ascot Administration P/L (2016) SADC 65 where it was held by the South Australian District Court that the common law entitlement to reasonable notice of termination is a thing of the past and has been replaced by the statutory minimum entitlement provided for by sec 117 of the Fair Work Act.
We will know the answer to this controversy until a higher court in the hierarchy rules on the issue; my bet is with the Federal Court guy being right.