Let’s talk notice of termination.
Are your employment contracts silent, or less than definitive, when it comes to the amount of notice to be given to employees?
Employees can bring a claim for “reasonable notice” when their employment is terminated and the employment contract is silent, or not definitive, as to the period of notice of termination (and when an Award or enterprise agreement providing for notice does not apply).
As to what period of notice is “reasonable notice”, that is determined by the Courts and can be 12 months or more in some circumstances – and that’s a lot of potential damages (not to mention the legal and other costs!) for an employer to pay for an issue that could easily have been avoided.
So, it is a very good idea for employers to ensure that their employment contracts clearly state and define what the termination notice period is to be.
