Common use of CONTRACT OF SERVICE Clause in Contracts

CONTRACT OF SERVICE. (a) Each employee shall, upon engagement, be given a letter of appointment wherein the general conditions of employment are stated. (b) This shall include statements of: (i) the classification ; (ii) the wages step relevant to the appointment; (iii) the number of hours per week; (iv) the weeks per year the employee is engaged for; (v) whether the position is ongoing or temporary and why the position is temporary; and/or (vi) any other matter specific to the contract. (c) For the purposes of the Agreement, ongoing employment shall mean a position that continues as long as the position remains available. (d) When an employee accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary. The probationary period will not exceed 3 months and the employee shall be subject to appraisal in the third month of employment so as to confirm ongoing employment. (2) The letter of appointment shall not contain any provision that is inconsistent with or contrary to any provision of this Agreement. (3) Except in the case of a casual, temporary or relief employee, the termination of service of any employee shall require a minimum period of notice as set out below: (a) Employer’s period of notice Up to 3 years More than 3 years but less than 5 years at least 2 weeks at least 3 weeks If the employee is over 45 years of age and has served at least 2 years of continuous service this notice is to be increased by 1 week. (b) Notice of termination of service by an employee shall require a minimum of two (2) weeks’ notice. (c) Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. (d) The requirements of this subclause may be waived in part or whole by mutual agreement between the employee and the employer. (4) A temporary employee shall be employed in a part-time or full-time capacity for a period greater than 4 weeks’ continuous service, and not more than a period of 12 months continuous service, except in the case of parental leave. (5) Where the period of employment of a casual employee exceeds 5 days the notice of termination of service shall be 1 day. Where the employment is for 5 days or less the engagement shall be considered to be a specific period and notice shall not be required. (6) A part-time employee shall have an entitlement to sick leave, long service leave and annual leave on a pro rata basis in the proportion of which his/her hours and/or weeks worked bear to the hours and/or weeks worked of a full-time employee. (7) Upon termination a statement of service and a separate reference when requested by the employee shall be provided to the employee by the employer. (8) Nothing within this clause detracts from the employer's right to dismiss summarily any employee for serious misconduct, in which case salary and entitlements shall be paid up to the time of dismissal only. (9) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote xx-xxxxxxxx.

CONTRACT OF SERVICE. (a) Each employee shall, upon engagement, be given a letter of appointment wherein the general conditions of employment are stated. (b) This shall include statements of: (i) the classification ; (ii) the wages step relevant to the appointment; (iii) the number of hours per week; (iv) the weeks per year the employee is engaged for; (v) whether the position is ongoing or temporary and why the position is temporary; and/or (vi) any other matter specific to the contract. (c) For the purposes of the Agreement, ongoing employment shall mean a position that continues as long as the position remains available. (d) When an employee accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary. The probationary period will not exceed 3 months and the employee shall be subject to appraisal in the third month of employment so as to confirm ongoing employment. (2) The letter of appointment shall not contain any provision that is inconsistent with or contrary to any provision of this Agreement. (3) Except in the case of a casual, temporary or relief employee, the termination of service of any employee shall require a minimum period of notice as set out below: (a) Employer’s period of notice Up to 3 years at least 2 weeks More than 3 years but less than 5 years at least 2 3 weeks More than 5 years at least 3 4 weeks If the employee is over 45 years of age and has served at least 2 years of continuous service this notice is to be increased by 1 week. (b) Notice of termination of service by an employee shall require a minimum of two (2) weeks’ notice. (c) Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. (d) The requirements of this subclause may be waived in part or whole by mutual agreement between the employee and the employer. (4) A temporary employee shall be employed in a part-time or full-time capacity for a period greater than 4 weeks’ continuous service, and not more than a period of 12 months continuous service, except in the case of parental leave. (5) Where the period of employment of a casual employee exceeds 5 days the notice of termination of service shall be 1 day. Where the employment is for 5 days or less the engagement shall be considered to be a specific period and notice shall not be required. (6) A part-time employee shall have an entitlement to sick leave, long service leave and annual leave on a pro rata basis in the proportion of which his/her hours and/or weeks worked bear to the hours and/or weeks worked of a full-time employee. (7) Upon termination a statement of service and a separate reference when requested by the employee shall be provided to the employee by the employer. (8) Nothing within this clause detracts from the employer's right to dismiss summarily any employee for serious misconduct, in which case salary and entitlements shall be paid up to the time of dismissal only. (9) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote xx-xxxxxxxx.

CONTRACT OF SERVICE. (a) Each employee shall, upon engagement, be given a letter of appointment wherein the general conditions of employment are stated. (b) This shall include statements of: (i) the classification ; (ii) the wages salary step relevant to the appointment; (iii) the number of hours per week; (iv) the weeks per year the employee is engaged for; (v) whether the position is ongoing or temporary and why the position is temporary; and/or (vi) any other matter specific to the contract. (c) For the purposes of the Agreement, ongoing employment shall mean a position that continues as long as the position remains available. (d) When an employee accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary. The probationary period will not exceed 3 months and the employee shall be subject to appraisal in the third month of employment so as to confirm ongoing employment. (2) The letter of appointment shall not contain any provision that is inconsistent with or contrary to any provision of this Agreement. (3) Except in the case of a casual, temporary or relief employee, the termination of service of any employee shall require a minimum period of notice as set out below: (a) Employer’s period of notice Employee’s period of continuous service Employer’s period of Notice Up to 3 years at least 2 weeks More than 3 years but less than 5 years at least 2 3 weeks More than 5 years at least 3 4 weeks If the employee is over 45 years of age and has served at least 2 years of continuous service this notice is to be increased by 1 week. (b) Notice of termination of service by an employee shall require a minimum of two (2) weeks’ notice. (c) Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. (d) The requirements of this subclause may be waived in part or whole by mutual agreement between the employee and the employer. (4) A temporary employee shall be employed in a part-time or full-time capacity for a period greater than 4 weeks’ continuous service, and not more than a period of 12 months continuous service, except in the case of parental leave. (5) Where the period of employment of a casual employee exceeds 5 days the notice of termination of service shall be 1 day. Where the employment is for 5 days or less the engagement shall be considered to be a specific period and notice shall not be required. (6) A part-time employee shall have an entitlement to sick leave, long service leave and annual leave on a pro rata basis in the proportion of which his/her hours and/or weeks worked bear to the hours and/or weeks worked of a full-time employee. (7) Upon termination a statement of service and a separate reference when requested by the employee shall be provided to the employee by the employer. (8) Nothing within this clause detracts from the employer's right to dismiss summarily any employee for serious misconduct, in which case salary and entitlements shall be paid up to the time of dismissal only. (9) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote xx-xxxxxxxx.

CONTRACT OF SERVICE. (a) Each An employee shall, upon engagement, be given a letter of appointment wherein in which the general classification and salary rate on commencement and any special conditions of employment his/her appointment are stated. A copy of that letter shall be retained by the association and signed by the employee. This sub-clause shall not apply to relief staff. The conditions stated in the letter of appointment shall, while the employment continues, be observed by the parties and shall not be subject to any alteration of significance without the consent of the employee. (ba) This shall include statements of: (i) of this subclause does not authorise the classification ; (ii) the wages step relevant to the appointment; (iii) the number of hours per week; (iv) the weeks per year the employee is engaged for; (v) whether the position is ongoing or temporary and why the position is temporary; and/or (vi) any other matter specific to the contract. (c) For the purposes of the Agreement, ongoing employment shall mean inclusion in a position that continues as long as the position remains available. (d) When an employee accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary. The probationary period will not exceed 3 months and the employee shall be subject to appraisal in the third month of employment so as to confirm ongoing employment. (2) The letter of appointment shall not contain any provision that which is inconsistent with or contrary to any provision of this Agreementagreement. Notwithstanding clause (b) below in relation to Education Assistants, an employee will only be placed on a fixed-term contract if there is a specific reason to do so. Reasons can include but are not limited to the financial position of the relevant school and/or as a replacement for a period of leave such as parental leave. (3b) SCEA and employees recognise that the requirements for Education Assistants can vary depending on the needs of particular students within a school, the levels of enrolments and any specifically funded positions and programs. Accordingly both parties acknowledge the operational requirements of fixed-term contracts and flexibility to move Education Assistants within and between SCEA schools or to vary the workload of Education Assistants. Such adjustments shall require reasonable notice (and in no case less notice than that specified in Clause 14.1(c)) and shall be made with due consideration to the equitable treatment of Education Assistants within the school. (c) Except in the case of a casual, temporary or /relief employee, the termination of service of any employee shall require a minimum period of notice by the employer as set out below: (a) Employer’s period of notice follows: Up to 3 years 10 working days More than 3 years but less than 5 years at least 2 weeks at least 3 weeks 15 working days More than 5 years 20 working days If the employee is over 45 years of age and has served at least 2 two (2) years of continuous service this notice is to be increased by 1 week10 working days. SCEA must pay an employee no later than 7 days after the day on which the employee’s employment terminates: the employee’s wages for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee in accordance with provisions stated in this agreement. (bd) Notice SCEA may terminate the employment of an employee who is unable to meet the requirements of the job for whatever reasons, including long-term absence from work or irregular attendance. SCEA shall give the notice required in this sub-clause and shall not act harshly or without providing the employee with reasonable opportunity and support to address their inability to meet the requirements of the job. In the case of long-term absence from work due to ill health, SCEA shall consider the length of service of the employee and the prognosis for return to an effective role prior to terminating their appointment. The parties agree that SCEA may terminate (with appropriate notice) the employment of an employee, who has been: • employed less than one year after three calendar months absence • employed for one to five years after six calendar months absence • employed for over five years after twelve calendar months absence Subject to the conditions of the Income Protection Policy, the entitlement of an employee to continued Income Protection benefits for a claim approved by the insurer prior to termination will generally not cease on account of termination under this clause. (e) For the purposes of this clause, working days shall include all weekdays (Monday to Friday inclusive) including school development days, but exclude all Public Holidays and weekdays that the school, college or system office is officially closed. (f) Termination of service by an employee shall require a minimum of two (2) weeks10 working days’ notice. (c) , however where the period of service is less than 12 months, the notice period shall be a minimum of 5 working days. Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. (d) , but that amount will be no more than one weeks’ pay. The requirements of this subclause may be waived in part or whole by mutual agreement between the employee and the employer. (4) A temporary employee shall be employed in a part-time or full-time capacity for a period greater than 4 weeks’ continuous service, and not more than a period of 12 months continuous service, except in the case of parental leave. (5) Where the period of employment of a casual employee exceeds 5 days the notice of termination of service shall be 1 day. Where the employment is for 5 days or less the engagement shall be considered to be a specific period and notice shall not be required. (6) A part-time employee shall have an entitlement to sick leave, long service leave and annual leave on a pro rata basis in the proportion of which his/her hours and/or weeks worked bear to the hours and/or weeks worked of a full-time employee. (7g) Upon termination a statement of service and a separate reference when requested by the employee shall be provided to the employee by the employer. (8) h) Nothing within this clause detracts from the employer's right to dismiss summarily any employee for serious misconduct, misconduct in which case salary and entitlements shall be paid up to the time of dismissal only, plus any accrued leave entitlements. (9) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote xx-xxxxxxxx.