Govan v Health Services Union

In *Govan v Health Services Union*, the Federal Court of Australia considered a dispute between Mr. Govan and the Health Services Union (HSU). Mr. Govan, a former employee of the HSU, alleged that the HSU had breached its obligations under the *Fair Work Act 2009* (Cth) by failing to provide him with a written notice of termination and by failing to provide him with a statement of service.

The primary legal issues before the Court were whether the HSU had contravened section 117(1) of the *Fair Work Act* by failing to provide Mr. Govan with a written notice of termination, and whether it had contravened section 124 of the *Fair Work Act* by failing to provide him with a statement of service. The Court was also required to determine the appropriate remedies for any proven contraventions.

Judge O'Sullivan found that the HSU had indeed contravened section 117(1) of the *Fair Work Act* as Mr. Govan had not been provided with a written notice of termination. However, the Court determined that section 124 of the *Fair Work Act* did not apply in this instance, as it relates to the provision of statements of service for employees who have been made redundant, which was not the case here. The Court ordered the HSU to pay Mr. Govan the sum of $1,500 by way of a penalty for the contravention of section 117(1).