Employment National (Aministration) Pty Limited v Schanka and Ors S44/2000

Employment National (Administration) Pty Limited (the applicant) sought special leave to appeal to the High Court of Australia from a decision of the Full Federal Court. The dispute concerned the interpretation of section 124 of the *Workplace Relations Act 1996* (Cth) (the Act), which provides for the termination of employment contracts by notice. The applicant had terminated the employment of the respondents by providing them with notice of termination, but the respondents argued that the notice was invalid because it did not comply with the requirements of section 124.

The primary legal issue before the High Court was whether the notice of termination provided by the applicant was valid under section 124 of the Act. Specifically, the court had to determine whether the notice was rendered invalid by the fact that it purported to terminate the employment on a date that fell within a period of paid leave that the employees were entitled to take. The respondents contended that the notice was ineffective because it required them to return to work on the day after their paid leave expired, which they argued was not a genuine termination of employment.

The High Court, in a joint judgment delivered by Gleeson CJ and McHugh J, held that the notice of termination was valid. Their Honours reasoned that section 124 of the Act requires that notice of termination be given, and that the notice must specify the day on which the termination is to take effect. The Act does not require that the termination date be a working day or that it not fall within a period of paid leave. The court found that the notice clearly stated the date of termination and that the fact that this date occurred during a period of paid leave did not invalidate the notice. The purpose of the notice is to inform the employee of the employer's intention to terminate the employment and the date on which that termination will occur, and this purpose was fulfilled.

Special leave to appeal was granted, and the appeal was allowed. The decision of the Full Federal Court was set aside, and the applicant was successful in its appeal.