Australia: Default notice period

Up until now, in the state of South Australia, the absence of any reference to notice in an employment contract has led the courts to calculate an implied term of ‘reasonable notice’. This practice has, however, been rendered inappropriate (subject to a current appeal) due to the District Court case Kuczmarski v Ascot Administration. Now there is no need to imply any notice period, other than the minimum set out by the Fair Work Act 2009.

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