Notice of termination of employment; the common law

A New South Wales civil court has awarded a former employee substantial damages for failing to provide an employee with reasonable notice of termination of employment or pay in lieu when the contract of employment was silent on this point and rejected the employer’s argument that the provisions of sec 117 of the Fair Work Act in imposing a minimum period of notice in the National Employment Standards displaced the common law requirement reasonable notice in such a case. The entitlement was held to be in addition to statutory redundancy pay.

Daigle v SCT Operations [2022] NSWDC 364