Common use of Notice of Redundancy Clause in Contracts

Notice of Redundancy. D.5.1. A surplus employee cannot be given notice under this clause unless the employee has: (a) been offered a voluntary retrenchment and has declined that offer; or (b) has requested a voluntary retrenchment and the employer has refused the request. D.5.2. Subject to clause D.5.5, where the employer determines that a surplus employee is unable to be placed in other suitable employment: (a) the employee is entitled to 26 weeks formal notice of redundancy; or (b) where the employee has 20 or more years service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy. D.5.3. In addition to notice of redundancy under clause D.5.2, a surplus employee must be given four weeks formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause D.5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated. D.5.4. The period of notice under clause D.5.3 constitutes notice for the purposes of section 117 of the FW Act. D.5.5. The period of notice under clause D.5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination.

Appears in 4 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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Notice of Redundancy. D.5.1. 4.5.1 A surplus employee cannot be given notice under this clause unless the employee hasthey have: (a) been offered a voluntary retrenchment and has declined that offer; or (b) has requested a voluntary retrenchment and the employer has refused the request. D.5.2. 4.5.2 Subject to clause D.5.54.5.5, where the employer determines that a surplus employee is unable to be placed in other suitable employment: (a) the employee is entitled to 26 weeks formal notice of redundancy; or (b) where the employee has 20 or more years service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy. D.5.3. 4.5.3 In addition to notice of redundancy under clause D.5.24.5.2, a surplus employee must be given four weeks formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause D.5.2 4.5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated. D.5.4. 4.5.4 The period of notice under clause D.5.3 4.5.3 constitutes notice for the purposes of section 117 of the FW Act. D.5.5. 4.5.5 The period of notice under clause D.5.2 4.5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination.

Appears in 2 contracts

Samples: Jacana Energy Enterprise Agreement, Jacana Energy Enterprise Agreement

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Notice of Redundancy. D.5.1. 2.5.1 A surplus employee cannot be given notice under this clause unless the employee has: (a) been offered a voluntary retrenchment and has declined that offer; or (b) has requested a voluntary retrenchment and the employer has refused the request. D.5.2. 2.5.2 Subject to clause D.5.52.5.5 , where the employer determines that a surplus employee is unable to be placed in other suitable employment: (a) the employee is entitled to 26 weeks formal notice of redundancy; or (b) where the employee has 20 or more years service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy. D.5.3. 2.5.3 In addition to notice of redundancy under clause D.5.22.5.2, a surplus employee must be given four weeks formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause D.5.2 2.5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated. D.5.4. 2.5.4 The period of notice under clause D.5.3 2.5.3 constitutes notice for the purposes of section 117 of the FW Act. D.5.5. 2.5.5 The period of notice under clause D.5.2 2.5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination.

Appears in 1 contract

Samples: Correctional Officer (Ntps) 2017 2021 Enterprise Agreement

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