Common use of Notice of Termination by Company Clause in Contracts

Notice of Termination by Company. (i) In order to terminate the employment of an employee, the Company will give the employee the following notice: Period of Continuous Service Period of Notice Less than one year One week One year but less than three years Two weeks Three years but less than five years Three weeks Five years and over Four weeks (ii) In addition to the above, employees over 45 years of age at the time of the giving of notice with not less than two years continuous service will be entitled to an additional week's notice. (iii) Payment in lieu of the notice will be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (iv) In calculating any payment in lieu of notice the wages to be used will be those an employee would have received in respect of the ordinary time he/she would have worked during the period of notice had his/her employment not been terminated. (v) The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal, for example serious misconduct, prior to any dismissal the employee will have been afforded the opportunity to answer any matters which may lead to their termination. (vi) The period of notice will not apply in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks. (vii) For the purpose of this sub-clause the definitions in the Fair Work Act will be used and are detailed below. Serious misconduct is wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment and causes imminent and serious risk to: • the health or safety of a person: or • the reputation, viability or profitability of the employers business Examples are: • theft • fraud • assault • the employee being intoxicated at work • the employee refusing to carry out a lawful instruction that is consistent with their contract of employment, unless it causes a demonstrated risk to health and safety. An employee is taken to be intoxicated if the employee’s faculties are, by reason of the employee being under the influence of intoxicating liquor or a drug (except a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the employee is unfit to be entrusted with the employee’s duties or with any duty that the employee may be called upon to perform.

Notice of Termination by Company. (ia) In order to terminate the employment of an employee, any employee the Company will shall give to the employee the following notice: Period of Continuous Service Period of Notice Less than one year One 1 week One 1 year but less than three 3 years Two 2 weeks Three 3 years but less than five 5 years Three 3 weeks Five 5 years and over Four 4 weeks (iib) In addition to the abovenotice in sub clause (a) hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service will service, shall be entitled to an the additional week's notice. (iiic) Payment in lieu of the notice will prescribed in sub clause (a) and/or (b) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (ivd) In calculating any payment in lieu of notice the wages to be used will shall be those an employee would have received in respect of the ordinary time he/she would have worked during the period of notice had his/her employment not been terminated. (ve) The period of notice in this clause will shall not apply in the case of dismissal for conduct that justifies instant dismissal, for example serious including malingering, inefficiency, neglect of duty or misconduct, prior to any dismissal the employee will have been afforded the opportunity to answer any matters which may lead to their termination. (vi) The period of notice will not apply or conduct described in the case of casual employees, apprentices Workplace Relations Act 1996. Casual employees or employees engaged for a specific period of time or for a specific task or tasks. (vii) For the purpose of this sub-clause the definitions in the Fair Work Act will tasks may be used and are detailed below. Serious misconduct is wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment and causes imminent and serious risk to: • the health or safety of a person: or • the reputation, viability or profitability of the employers business Examples are: • theft • fraud • assault • the employee being intoxicated at work • the employee refusing to carry out a lawful instruction that is consistent with their contract of employment, unless it causes a demonstrated risk to health and safety. An employee is taken to be intoxicated if the employee’s faculties are, by reason of the employee being under the influence of intoxicating liquor or a drug (except a drug administered by, or taken terminated in accordance with the directions of, terms of their Contract of Employment. (f) Employment of an employee (other than a person lawfully authorised to administer casual) during the drug), so impaired that the employee is unfit to first three months shall be entrusted with the employee’s duties or with any duty that the employee on a probationary period and may be called upon to performterminated (unless circumstances justify summary dismissal) on one day's notice. Thereafter employment shall be by the week.

Notice of Termination by Company. (i1) In order to terminate the employment of an employeeEmployee, the Company will shall give to the employee Employee the following notice: Period of Continuous Service Period of Notice Less notice or payment in lieu thereof:‌ Not more than one year One week One More than one year but less not more than three years Two weeks Three More than three years but less not more than five years Three weeks Five More than five years and over Four weeks (ii2) In addition to the abovenotice in the preceding clause, employees Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service will shall be entitled to an additional 1 week's notice’s notice.‌ (3) Where an Employee has a contract of employment with a notice period greater than that contained in clauses 20.2(1) and 20.2(2), the notice period contained in the contract of employment will continue to apply. (iii4) Payment in lieu of the notice will prescribed in clauses 20.2(1) and 20.2(2) shall be made if the appropriate notice period is not given. Provided given provided that employment may be terminated by part of the a period of notice specified and part payment in lieu thereof. (iv5) In calculating any payment in lieu of notice the wages to be used will be those an employee Employee would have received in respect of the ordinary time he/he or she would have worked during the period of notice had his/his or her employment not been terminated.terminated shall be used.‌ (v6) The period of notice in this clause will shall not apply in the case of dismissal for conduct that justifies instant dismissal, for example serious misconductincluding malingering, prior to any dismissal the employee will have been afforded the opportunity to answer any matters which may lead to their termination. (vi) The period inefficiency or neglect of notice will not apply duty, or in the case of casual employeesEmployees, apprentices apprentices, trainees or employees Employees engaged for a specific period of time or for a specific task or tasks.tasks.‌ (vii7) For the purpose purposes of this sub-clause the definitions in the Fair Work Act will be used and are detailed below. Serious misconduct is wilful or deliberate behaviour by clause, continuity of service means service under an employee that is inconsistent with the continuation of the unbroken contract of employment and causes imminent and serious risk to: • the health or safety includes: (a) Any period of a person: or • the reputation, viability or profitability of the employers business Examples are: • theft • fraud • assault • the employee being intoxicated at work • the employee refusing to carry out a lawful instruction that is consistent with their contract of employment, unless it causes a demonstrated risk to health and safety. An employee is taken to be intoxicated if the employee’s faculties are, by reason of the employee being under the influence of intoxicating liquor or a drug (except a drug administered by, or leave taken in accordance with this Agreement; (b) Any period of part-time employment worked in accordance with this Agreement; (c) Any period of leave or absence authorised by the directions of, a person lawfully authorised to administer the drug), so impaired that the employee is unfit to be entrusted with the employee’s duties Company or with any duty that the employee may be called upon to performby this Agreement.

Notice of Termination by Company. (ia) In order to terminate the employment of an employee (other than a casual employee, ) the Company will shall give the employee the following notice: Period of Continuous Service Period of Notice Less notice - PERIOD OF CONTINUOUS SERVICE PERIOD OF NOTICE During the first month 1 day More than one month but less than 1 year One 1 week One 1 year but less than three 3 years Two 2 weeks Three 3 years but less than five 5 years Three 3 weeks Five 5 years and over Four 4 weeks (iib) In addition to An employee who at the above, employees time of being given notice is over 45 years of age and who at the time date of the giving of notice with not less than termination has completed two years years' continuous service will with the Company, shall be entitled to an additional one week's noticenotice in addition to the notice prescribed in paragraph (a) of this subclause. (iiic) Payment in lieu of the notice will prescribed in paragraphs (a) and (b) of this subclause shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (ivd) In calculating any payment in lieu of notice the wages to be used will be those an Company shall pay the employee would have received in respect of the ordinary time he/she would have worked during wages for the period of notice had his/her the employment not been terminated. (ve) The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal, for example serious misconduct, prior to any dismissal the employee will have been afforded the opportunity to answer any matters which may lead to their termination. (vi) The period of notice will subclause shall not apply in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks. (viii) For the purpose of this sub-clause continuity of service shall not be broken on account of - (aa) any interruption or termination of the definitions in employment by the Fair Work Act will be used and are detailed below. Serious misconduct is wilful Company if such interruption or deliberate behaviour by an employee that is inconsistent termination has been made merely with the continuation intention of the contract avoiding obligations hereunder in respect of employment and causes imminent and serious risk to: • the health or safety leave of a person: or • the reputation, viability or profitability of the employers business Examples are: • theft • fraud • assault • the employee being intoxicated at work • the employee refusing to carry out a lawful instruction that is consistent with their contract of employment, unless it causes a demonstrated risk to health and safety. An employee is taken to be intoxicated if the employee’s faculties are, by reason of the employee being under the influence of intoxicating liquor or a drug (except a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the employee is unfit to be entrusted with the employee’s duties or with any duty that the employee may be called upon to perform.absence;

Notice of Termination by Company. (i) 26.1.1 In order to terminate the employment of an employee, employee the Company will must give to the employee the following noticeperiod of notice specified in the table below: Period 1 year or less 1 week Over 1 year and up to the completion of Continuous Service Period of Notice Less than one year One week One year but less than three 3 years Two 2 weeks Three years but less than five years Three weeks Five Over 3 years and over Four up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks (ii) 26.1.2 In addition to the abovenotice in 26.1.1, employees over 45 forty five (45) years of age at the time of the giving of the notice with not less than two (2) years continuous service will be are entitled to an additional week's ’s notice. (iii) 26.1.3 Payment in lieu of the prescribed notice will in clauses 26.1.1 and 26.1.2 must be made if the appropriate notice period is not givenrequired by the Company to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the Company making payment for the remainder of the period of notice specified and part payment in lieu thereofnotice. (iv) In calculating any 26.1.4 The required amount of payment in lieu of notice must equal or exceed the wages to be used will be those an employee total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the Company would have received 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 ordinary time he/she would have worked during the period employee’s contract of notice had his/her employment not been terminatedemployment. (v) 26.1.5 The period of notice in this clause will does not apply apply: (a) in the case of dismissal for conduct that justifies instant dismissal, for example serious misconduct, prior to any dismissal the employee will have been afforded the opportunity to answer any matters which may lead to their termination.; (vib) The period of notice will not apply in the case of casual employees, apprentices or employee repudiation of the employment contract; (c) to apprentices; (d) to employees engaged for a specific period of time or for a specific task or tasks; (e) to trainees whose employment under a traineeship Agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Agreement; or (f) to casual employees. (vii) For the purpose of this sub-26.1.6 Continuous service is defined in clause the definitions in the Fair Work Act will be used and are detailed below. Serious misconduct is wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment and causes imminent and serious risk to: • the health or safety of a person: or • the reputation, viability or profitability of the employers business Examples are: • theft • fraud • assault • the employee being intoxicated at work • the employee refusing to carry out a lawful instruction that is consistent with their contract of employment, unless it causes a demonstrated risk to health and safety. An employee is taken to be intoxicated if the employee’s faculties are, by reason of the employee being under the influence of intoxicating liquor or a drug (except a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the employee is unfit to be entrusted with the employee’s duties or with any duty that the employee may be called upon to perform29.1.4.3.