Education Support Officers and Indigenous Education Officers redundancy pay
1. For employees with less than 1 year’s continuous service, the employer is obliged to give the employees an indication of the impending redundancy at the first reasonable opportunity, and to take reasonable steps to facilitate the obtaining by such employees of suitable alternative employment.
2. The redundancy pay with all leave and leave loading entitlements must be paid in a lump sum on the last working day of employment.
3. The employee must be provided with a statement detailing how the monetary entitlements were calculated.
4. The employer must take all reasonable steps to provide opportunities for retraining and education of the employee or employees in new skills and techniques to maximise employment opportunities in the industry.
5. Where an employer has given notice of termination to an employee, the employee is entitled to reasonable paid leave of absence for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
6. Where an employer terminates the employment of an employee, the employer must provide, at the employee’s request, a written statement specifying:
(i) the length of service;
(ii) the number and range of duties performed;
(iii) any promotion positions held;
(iv) any special and/or additional duties performed.
7. An employee who is made redundant by their employer (the first employer) and who obtains employment with another employer (the second employer) and whose leave entitlements with the first employer are transferred to the second employer will not be entitled to redundancy pay.
8. Where an employee is given notice of a partial redundancy, the employee may within one month of receipt of such notice, elect to declare the position wholly redundant in which case the provisions relating to a total redundancy will apply.
9. Where a partial redundancy is accepted by an employee, a pro-rata redundancy payment (based on the difference in weekly pay between the former position and the new position) is payable in accordance with the formula above and paid at the date when the partial redundancy takes effect.
Education Support Officers and Indigenous Education Officers. Notice of termination by the employer
1. In order to terminate the employment of a permanent employee (including an employee on probation), the employer must give the employee the following notice in writing: Period of continuous service Period of notice Not more than 3 years at least 2 weeks More than 3 years but not more than 5 years at least 3 weeks More than 5 years at least 4 weeks In addition, the period is increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the notice period. Where notice of termination is given on account of the introduction or proposed introduction of technological change, the employer must give not less than 3 months’ notice of termination.
2. Payment in lieu of notice must be made if the appropriate notice period is not given.
3. If the employer fails to give notice of termination as required the employer must pay to the employee the ordinary rate of pay for a period being the difference between the notice given and that required to be given. If an employer makes payment in lieu for all or any of the period of notice, then the period for which the payment is made shall be treated as service for the purpose of calculating any service related entitlements of the employee and shall be deemed to be service with the employer for the purposes of long service leave.
4. The period of notice detailed above does not apply in the case of:
(i) Dismissal for conduct that at common law justifies instant dismissal;
(ii) Summary dismissal for serious neglect of duty, wilful and/or serious misconduct; refusal to obey any reasonable order; persistent absence from duty without proper cause;
(iii) Replacement, temporary and casual employees (see provisions relating to these classifications);
(iv) An employee to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement.
5. Where an employer has given notice of termination to an employee, the employee is entitled to reasonable paid leave of absence for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
6. Where an employer terminates the employment of an employee, the employer must provide, at the employee’s request, a written statement specifying:
(i) the length of service;
(ii) the number and range of...
Education Support Officers and Indigenous Education Officers. Notice of termination by the employee
1. The employer may, where reasonable cause exists, reduce or waive the required period of notice.
2. This period of notice does not apply to casual employees.
3. This period of notice does not apply to temporary positions of more than one year’s duration (see provisions relating to temporary appointments).
4. Where an employee does not give the appropriate notice, the employer may withhold payment of any salary and allowances outstanding to the credit of that employee providing that the amount of money withheld does not exceed an amount of money which corresponds to the length of time by which the notice period was deficient.
Education Support Officers and Indigenous Education Officers. The provisions of Section 4 are applicable only to Education Support Officers and
