Fair Work Act Section 117

Recent cases have created uncertainty around the law of reasonable notice considering the interaction between section 117 of the fair work act 2009 cth fw act which requires an employer to provide a minimum period of notice on termination except for cases of serious misconduct and the common law right to reasonable notice of termination as an implied term.

Fair work act section 117. Requirement for notice of termination or payment in lieu. Section 117 of the fw act provides that an employer is to give an employee written notice of the specific day of termination meaning the date the employment relationship ends. Notice specifying day of termination.

In force superseded version. A reason that is harsh unjust or unreasonable. Entitlement to redundancy pay 1 an employee is entitled to be paid redundancy pay by the employer if the employee s employment is terminated.

Fair work act 2009 s 22 and 117. Fair work act 2009 no. Think a mistake might have been made.

28 of 2009 as amended taking into account amendments up to timor sea maritime boundaries treaty consequential amendments act 2019. A at the employer s initiative because the employer no longer requires the job done by the employee to be done by anyone except where this is due to the ordinary and customary turnover of. 28 2009 sect 119 redundancy pay.

A the time between giving the notice and the day of the termination is at least the period the minimum period of notice worked out under subsection 3. An act relating to workplace relations and for related purposes. 1 an employermust not terminate an employee s employment unless theemployerhas given the employeewritten notice of the day of the termination which cannot be before the day the notice is given.

17 see bienias v iplex pipelines australia pty limited t a iplex pipelines australia 2017 fwcfb 38 hatcher vp gostencnik dp cribb c 13 january 2017 for guidance on when an employee has abandoned their employment. 28 2009 sect 117. Fair work act 2009 c2019c00270.