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
Appears in 1 contract
Samples: Staff Agreement
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 weeksEmployee's period of continuous service with the employer Period of notice
(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
Appears in 1 contract
Samples: Employee Collective Agreement
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 weeksweeks A probationary, casual or seasonal employee or an employee employed for a specified period or task has no entitlement to notice under this clause.
(b) The required period of notice is to be increased by one week if the employee:
(i) is over 45 years oldof age; 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
Appears in 1 contract
Samples: Employee Collective Agreement