Employer Giving Notice. The contract of service may be terminated by the employer on any day by giving to the employee the required period of notice in writing and the contract shall expire at the end of that period of notice.
Employer Giving Notice a) The employer may terminate an employee’s employment by the giving of notice in accordance with the following table: Not more than 1 year At least 1 week More than 1 year but 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
b) The required period of notice is to be increased by one week if the employee:
(i) is over 45 years old; and
(ii) has completed at least 2 years of continuous service with the employer.
c) The employer may pay out an employee’s notice period in lieu of the employee actually working it. The payment in lieu is to equal the wages the employee would have earned during the notice period up until the actual date of termination.
d) The employer is not required to provide the relevant period of notice to an employee in accordance with subclause (a) if the employee’s employment is being terminated due to serious misconduct. Serious misconduct includes:
(i) wilful, or deliberate, behaviour by an employee that is inconsistent with the continuation of the contract of employment; and/or
(ii) conduct that causes imminent, and serious, risk to:
(A) the health, or safety, of a person; or
(B) the reputation, viability or profitability of the employer’s business.
(iii) Examples of serious misconduct include:
(A) theft, or fraud, or assault;
(B) being intoxicated at work;
(C) the employee refusing to comply with a lawful and reasonable instruction given by the employer
Employer Giving Notice. (a) The employer may terminate an employee’s employment by giving notice of termination in accordance with the following table: Not more than than 3 years 2 weeks More than 3 years but less than 5 years 3 weeks More than 5 years 4 weeks
(b) The required notice period will be increased by 1 week if the employee is over 45 years of age at the time of termination and has completed 2 years’ continuous service with the employer.
(c) The employer may elect to pay an employee upfront in lieu of the notice period. The payment in lieu is to equal to the wages the employee would have received during the notice period.
Employer Giving Notice. The contract of employment may be terminated by the Employer by giving the Employee written notice stating the day on which the termination will take effect.
Employer Giving Notice. (a) The contract of service may be terminated by the Employer on any day by giving to the Caregiver the required period of notice in writing and the contract shall expire at the end of that period of notice.
(b) The required period of notice shall be: Not more than 3 years More than 3 years but not more than 5 years More than 5 years The required period of notice is increased by one week if the Caregiver is over 45 years old and has completed at least 2 years continuous service with the Employer. 2 weeks 3 weeks 4 weeks
(c) Provided that the contract of service of a Caregiver engaged as a casual may be terminated by the Employer giving the Caregiver one hour's notice. Such notice need not be in writing.
(d) Payment in lieu of the required period of notice may be made by the Employer if the required notice is not given.
(e) The Employer may terminate the contract of service by providing part of the required notice and payment in lieu of the balance.
(f) Nothing in this clause affects the Employer's right to dismiss a Caregiver without notice for serious misconduct, which justifies instant dismissal.
Employer Giving Notice. (1) Subject to this clause, the employer may only terminate the contract of employment by giving the employee the required period of notice in writing and the contract shall expire at the end of that period of notice.
(2) The required period of notice shall be: Employee’s Period of Continuous Service with the Employer Period of Notice* Not more than 3 years More than 3 years but not more than 5 years More than 5 years Specified Callings and Other Professionals 2 weeks 3 weeks 4 weeks 4 weeks *The required period of notice shall increase by one week if the employee is over 45 years of age and has completed at least 2 years continuous service with the Employer.
(3) Payment in lieu of notice will be made by the employer if the required notice is not given. Where the employer elects to make a payment in lieu of notice the total must be worked out on the basis of:
(a) the employee’s ordinary hours of work;
(b) the amounts payable to the employee in respect of those hours, including allowances, loadings and penalties; and
(c) any other amounts payable under the employee’s contract of employment.
(4) Nothing in this clause affects the employer’s right to dismiss an employee without notice for serious misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period. In such circumstances the employer shall pay all monies owing up to the date of dismissal.
Employer Giving Notice. 9.1.1 The contract of service may be terminated by the Employer on any day by giving to the Employee the required period of notice in writing and the contract will expire at the end of that period of notice.
9.1.2 The required period of notice will be: Employee’s period of continuous service with the Employer Period of notice
9.1.3 The contract of service of an Employee engaged as a casual may be terminated by the Employer giving the Employee one hour’s notice. Such notice need not be in writing.
9.1.4 Payment in lieu of the required period of notice may be made by the Employer if the required notice is not given.
9.1.5 The Employer may terminate the contract of service by providing part of the required notice and payment in lieu of the balance.
9.1.6 The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal or in the case of casual Employees, apprentices or Employees engaged for a specific period or for a specific task or tasks.
9.1.7 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the Employee's employment had continued until the end of the required period of notice, the Employer would have become liable to pay to the Employee because of the employment continuing during that period. That total must be calculated on the basis of:
(a) the Employee's ordinary hours of work (even if not standard hours); and
(b) the amounts ordinarily payable to the Employee in respect of those hours, including (for example) allowances, loading and penalties; and
(c) any other amounts payable under the Employee's contract of employment.
Employer Giving Notice. (i) The contract of service may be terminated by the employer on any day by giving to the employee the required period of notice in writing and the contract will expire at the end of that period of notice.
(ii) The required period of notice will be: Employee’s period of continuous service with the employer Period of notice
(A) is over 45 years old; and
(B) has completed at least 2 years of continuous service with the employer
(iii) Provided that the contract of service of an employee engaged as a casual and/or an employee serving a probationary period may be terminated by the employer giving the employee one hour’s notice. Such notice need not be in writing.
(iv) Payment in lieu of the required period of notice may be made by the employer if the required notice is not given. The employer may terminate the contract of service by providing part of the required notice and payment in lieu of the balance.
(v) Nothing in this clause affects the employer’s right to dismiss an employee without notice for serious misconduct that justifies instant dismissal. In such cases wages will be paid up to the time of dismissal only.
Employer Giving Notice. 32.3.1 Subject to this clause, an employer wishing to terminate the contract of employment must give the employee the required period of notice in writing.
32.3.2 The required period of notice shall be: Not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks The required period of notice is increased by one week if the employee is over 45 years old and has completed at least two years continuous service with the employer.
32.3.3 The regulations to the Workplace Relations Act 1996 may prescribe events or other matters that may be disregarded in ascertaining a period of continuous service for the purpose of 32.1.2.
32.3.4 Payment in lieu of notice may be made by the employer if the required notice is not given. Where the employer elects to make a payment in lieu of notice the total must be worked out on the basis of:
(i) the employee's ordinary hours of work;
(ii) the amounts payable to the employee in respect of those hours, including (for example) allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's contract of employment.
32.3.5 An employer is not required to give notice where an employee is dismissed for misconduct, being conduct following which it would be unreasonable to require the employer to continue the employment during the notice period. An employee dismissed for misconduct is entitled only to payment of monies owing at the time of dismissal.
Employer Giving Notice. 14.5.1.1. The employer shall give notice (or payment in lieu thereof) in accordance with the following table when terminating a full time or part time employee: Period of continuous service with the employer More than 1 month but less than 1 year 1 week More than 1 year, less than 3 years 2 weeks More than 3 years, less than 5 years 3 weeks More than 5 years 4 weeks
14.5.1.2. Employees over 45 years old with not less than 2 years continuous service at the time of giving notice shall be entitled to an additional week's notice.
14.5.1.3. When calculating payment in lieu of notice the employee shall be paid all amounts the employee would have received if their employment had continued until the end of the required notice period worked out on the basis of the employee's rostered hours of work (even if they are not standard hours) and the amounts ordinarily payable to the employee in respect of those hours, including allowances, loadings and penalties.
14.5.1.4. The employer reserves the right to dismiss any employee without notice for any act of Serious Misconduct or other behaviour that would warrant this action when all circumstances are taken into consideration (and the JCC’s facilitative role in consultation has been exercised). Serious Misconduct includes, but is not limited to: • extreme inefficiency or incompetence • serious and wilful disobedience • theft of company property • drinking alcohol, taking illicit drugs, or being under the influence of either whilst on duty • fighting or other physical violence • blatant disregard for safety instructions • sexual harassment (refer to Amcor Australasia Policy)
