Tag Archives: notice

Australia: WAIRC Full Bench declines to imply term of ‘reasonable notice’ in employment contracts

In the recent decision of Richards v Nicoletti [2016] WAIRC 00941, the WAIRC Full Bench has determined that there is no scope to imply a term of reasonable notice of termination in employment contracts. The applicant, Mr Richards, was a … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment

Australia: Reasonable notice update

A recent judgment of the District Court of South Australia has held that a term providing for termination on reasonable notice should not be implied into an employment agreement because of the application of the statutory minimum period of notice … Continue reading

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Filed under Jurisdiction: Australia, Redundancy, Termination of employment

UK: Termination – employees can be held to notice period and need not be paid if they refuse to work

Last year the Supreme Court ruled that, where an employer dismisses an employee with immediate effect in breach of the employment contract, the employee can choose whether to accept this breach as bringing the contract to an end or to … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Termination – payment in lieu of notice payable despite subsequently discovered gross misconduct

Employers should review any precedent payment in lieu of notice (PILON) clauses and compromise agreement wording to ensure that any payment will not be payable or can be recovered if, having dismissed an employee, the employer subsequently discovers the employee’s … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Termination – effective from date resignation letter received at employer

Where an employee sends a letter resigning with immediate effect, the effective date of termination (for calculating tribunal claims limits and qualifying service) is the date on which the information is communicated to the employer. This will be the date on … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Withdrawal of notice not permitted simply because of mistake

An employer cannot¬† unilaterally withdraw a notice of termination simply because it mistakenly expected the employee to agree to proposed new terms as a self-employed contractor.¬† Employers negotiating changes to the terms of an individual’s engagement should ensure agreement is … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Termination – employers should not describe notice pay as “ex gratia”; notice runs from day after receipt

A recent EAT case highlights the importance of taking care when drafting termination letters and, ideally, of obtaining a statutory compromise agreement to waive claims. An employer had dismissed an employee without notice where there was no pilon clause. It … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Termination – making of PILON effective to terminate

Where a contract expressly provides that it can be terminated immediately by making a payment in lieu of notice, the making of the payment is sufficient to lawfully terminate the contract (for contractual purposes) even if the employee is unaware … Continue reading

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Filed under Jurisdiction: UK, Termination of employment