Common use of CONTRACT OF SERVICE Clause in Contracts

CONTRACT OF SERVICE. (1) When a teacher accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary and as such the teacher is subject to professional appraisal in the second year of employment so as to confirm ongoing employment. (a) A teacher shall, upon engagement, be given a letter of appointment in which the general conditions and the special conditions (if any) of his/her appointment are stated. A copy of that letter shall be retained by the school and signed by the teacher within one week of commencing work. This subclause shall not apply to a relief teacher. (b) 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 teacher. (c) Paragraph (a) of this subclause does not authorise the inclusion in a letter of appointment of any provision which is inconsistent with or contrary to any provision of this Agreement. (d) The letter of appointment for a temporary teacher shall include the term of the appointment and the reason for the temporary appointment. (a) Except in the case of a relief or temporary teacher, the termination of the service of a teacher shall require a minimum of six working weeks’ notice by either party usually to take effect from the close of school business at the end of the school term. (b) Provided that the requirements of this subclause may be waived in part or in whole by mutual agreement between the teacher and the employer. Any request to waiver such notice shall not be unreasonably withheld by the employer, where it is deemed that the teacher has not been able to give the required notice through no fault of their own. (c) Subject to the provisions of this subclause, failure to give the required notice shall make either party liable for the payment to the other party of an amount equivalent to the period of notice not given. (d) When a teacher resigns, the employer reserves the right to withhold or recover an amount equivalent to any period of overpayment of salary. However, approval must be obtained from the Director of Catholic Education before such action is proceeded with. (4) The contract of service of a temporary teacher shall be terminable at any time by either party giving not less than one week's notice, save that in the case of continuous service exceeding one (1) year, notice shall be prescribed as in subclause three (3) of this clause. (5) The engagement of a relief teacher shall be by the day or half day and where the period exceeds five consecutive days the notice shall be one day. Where the employment is for five consecutive days or less the engagement shall be considered to be a specific period and notice shall not be required. (6) A part-time teacher shall receive payment for sick leave, long service leave and vacation leave on a pro-rata basis in the proportion that his/her hours of work bear to the hours of a full time teacher. (7) Upon termination a statement of service and a separate reference when requested by the teacher shall be provided to the teacher by the employer. (8) Nothing within this clause detracts from the employer's right to dismiss summarily any teacher for serious misconduct in which case salary shall be paid up to the time of dismissal only.

CONTRACT OF SERVICE. (1) When a teacher accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary and as such the teacher is subject to professional appraisal in the second year of employment so as to confirm ongoing employment. (a) A teacher shall, upon engagement, be given a letter of appointment in which the general conditions and the special conditions (if any) of his/her appointment are stated. A copy of that letter shall be retained by the school and signed by the teacher within one week of commencing work. This subclause shall not apply to a relief teacher. (b) 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 teacher. (c) Paragraph (a) of this subclause does not authorise the inclusion in a letter of appointment of any provision which is inconsistent with or contrary to any provision of this Agreement. (d) The letter of appointment for a temporary teacher shall include the term of the appointment and the reason for the temporary appointment. (a) Except in the case of a relief or temporary teacher, the termination of the service of a teacher shall require a minimum of six (6) working weeks’ notice by either party usually to take effect from the close of school business at the end of the school term. (b) Termination of service for teachers working in remote schools shall require a minimum of ten (10) weeks’ notice by either party in Term four (4) when the teacher is not returning the following year to take effect from the close of school business at the end of the school term. (c) Provided that the requirements of this subclause may be waived in part or in whole by mutual agreement between the teacher and the employer. Any request to waiver such notice shall not be unreasonably withheld by the employer, where it is deemed that the teacher has not been able to give the required notice through no fault of their own. (cd) Subject to the provisions of this subclause, failure to give the required notice shall make either party liable for the payment to the other party of an amount equivalent to the period of notice not given. (de) When a teacher resigns, the employer reserves the right to withhold or recover an amount equivalent to any period of overpayment of salary. However, approval must be obtained from the Director of Catholic Education before such action is proceeded with. (4) The contract of service of a temporary teacher shall be terminable at any time by either party giving not less than one week's notice, save that in the case of continuous service exceeding one (1) year, notice shall be prescribed as in subclause three (3) of this clause. (5) The engagement of a relief teacher shall be by the day or half day and where the period exceeds five consecutive days the notice shall be one day. Where the employment is for five consecutive days or less the engagement shall be considered to be a specific period and notice shall not be required. (6) A part-time teacher shall receive payment for sick leave, long service leave and vacation leave on a pro-rata basis in the proportion that his/her hours of work bear to the hours of a full time teacher. (7) Upon termination a statement of service and a separate reference when requested by the teacher shall be provided to the teacher by the employer. (8) Nothing within this clause detracts from the employer's right to dismiss summarily any teacher for serious misconduct in which case salary shall be paid up to the time of dismissal only.