The Case

Egginton v Focus (NSW) Pty Limited (2024)

On 20 March 2024, Mr Egginton resigned from his employment with Focus (NSW) Pty Limited, providing 1 month’s notice, despite only being contractually required to provide 1 week. During the notice period, Mr Egginton made a bullying complaint. On 28 March 2024, Focus had a discussion with Mr Egginton about finalising his employment earlier.

Focus argued Mr Egginton had agreed to finish his employment earlier on 28 March 2024, which meant the remainder of the notice period was not paid out. However, Mr Egginton said he believed that in finalising his employment on 28 March 2024, the remainder of the 1 month notice period would be paid out.