The Federal Circuit Court (FCC) has fined an employee who failed to give notice of his resignation in accordance with modern award provisions.
Facts
The employee:
- was required to give two weeks’ notice under the applicable award and eight weeks’ notice under his employment contract if he wished to resign
- resigned without providing the notice required by his employment contract after he had just completed training in the United States at the expense of the employer
Result
The FCC held that:
- the employee breached workplace law, under section 45 of the Fair Work Act, by contravening a term of a modern award
- the FCC issued a fine of $2,250 to the employee for this breach of workplace law, to be paid to the Commonwealth
Reasons
Key reasons for the decision were:
- there was a need for specific and general deterrence
- employees need to understand that they cannot flout the conditions of their employment contract
- the penalty needed to demonstrate that the Fair Work Act is a “two-way street” and that breaches of workplace law, damaging an employer, will also be met with penalties
Tips for Employers
The decision highlights the need for employers to:
- ensure compliance with enterprise agreements, awards and workplace law (as well as any other employment contract obligations)
- be mindful that penalties for breach of an enterprise agreement or award can apply
More Information
If you have any questions in relation to this article or if you would like advice from an immigration lawyer Sydney or you would like advice about the terms of a contract of employment, please feel free to speak with or email one of our specialist employment lawyers on (02) 9635 7966 or info@matthewsfolbigg.com.au
