Carrabba v PFP (Aust) Pty Ltd

In *Carrabba v PFP (Aust) Pty Ltd*, the applicant, Mr Carrabba, alleged that his dismissal by the respondent, PFP (Aust) Pty Ltd, constituted a contravention of the general protection provisions of the *Fair Work Act 2009* (Cth). The central dispute revolved around whether Mr Carrabba was entitled to payment in lieu of notice upon the termination of his employment, and if so, whether such a term was implied into his contract of employment.

The court was required to determine whether the termination of Mr Carrabba's employment was harsh, unjust, or unreasonable, and whether the respondent had contravened the general protections provisions of the *Fair Work Act 2009* (Cth). A key aspect of this determination involved ascertaining whether there was an implied term in Mr Carrabba's employment contract entitling him to payment in lieu of notice, and if such a term existed, whether the respondent had breached it.

Judge Lucev found that there was no express term in Mr Carrabba's contract of employment providing for payment in lieu of notice. Furthermore, his Honour concluded that, in the absence of express terms, there was no implied term that would entitle Mr Carrabba to such payment. Consequently, the court held that the respondent had not breached any contractual obligation regarding notice. The application was dismissed.