Alcan Gove Pty Ltd v Zabic

Alcan Gove Pty Ltd (Alcan) appealed to the High Court of Australia against a decision of the Full Federal Court concerning the interpretation of a notice of redundancy issued to Mr Zabic. The dispute arose from Mr Zabic's claim that the redundancy notice was invalid because it did not specify the date on which his employment would terminate, and therefore he was entitled to a redundancy payment under the relevant enterprise agreement.

The High Court was required to determine whether the redundancy notice issued by Alcan was legally effective. Specifically, the court had to consider whether the notice, which stated that Mr Zabic's employment would terminate on a date to be notified, satisfied the requirements of the enterprise agreement and the *Fair Work Act 2009* (Cth) regarding the provision of a valid notice of termination.

The High Court held that the notice was invalid. Applying principles of contractual interpretation and statutory construction, the Court reasoned that a notice of termination must clearly and unequivocally inform the employee of the date on which their employment will end. A notice that defers the specification of the termination date renders the notice uncertain and therefore ineffective. The Court found that the enterprise agreement, by requiring a "notice of redundancy," implied a notice that specified the termination date. Consequently, the notice issued by Alcan was not a valid notice of redundancy under the agreement.

The High Court dismissed Alcan's appeal, upholding the Full Federal Court's finding that Mr Zabic was entitled to a redundancy payment.