Pirate Pty Ltd has a constitution which includes the following article:
"All employees must be given 30 days' notice before being terminated."
Joshua, an employee of Pirate Pty Ltd, is terminated with no notice. Joshua is able to enforce the constitution pursuant to section 140 of the Corporations Act 2001 (Cth) and require Pirate Pty Ltd to give him 30 days' notice of termination.

Question

Quizplus · Accepted Answer

Section 140 of the Corporations Act 2001 (Cth) relates to the enforceability of a company's constitution and replaceable rules against the company and its members, not its employees. Therefore, an employee like Joshua cannot enforce the company's constitution provisions directly under this section.

Pirate Pty Ltd Has a Constitution Which Includes the Following