using IRAC (issues, relevant law, Application, Conclusion) and Australian legislation or common law to answer the question.

Question 4 (15 marks)

Oliver was employed as an accountant at PBJ Ltd. Oliver was hired as a graduate accountant with the promise of working in the tax department. To date, Oliver's role has consisted of coffee runs, photocopying and being confined to the mail room. Oliver has now given his six month notice. He has a new job offer at TMH Ltd. TMH wanted him to start next week, but Oliver has told them he cant as he needs to give six months notice.

PBJ Ltd has met with Oliver and insisted that he may leave tomorrow if he likes but they will not be paying him for the six months notice period. The HR representative tells Oliver that his supervisor saw him take stamps from the mail room for his own personal use and although they never mentioned it before, they think that it warrants termination without notice. Oliver is aghast, he had only once done this and it was only one stamp. When Oliver tells this to Mark, his best friend who is studying law, Mark tells Oliver that actually PBJ has breached his employment contract so he can terminate the contract without notice.

Oliver has come to you for advise and wants to know if this is true or if PBJ can terminate his contract for taking the stamp.