Common use of Notice of Termination by Company Clause in Contracts

Notice of Termination by Company. (a) In order to terminate the employment of an employee the Company must give to the employee the period of notice specified in the table below: Over 1 year and up to the completion of 3 years 2 weeks Over 5 years of completed service 4 weeks (b) The period of notice in 27.1 (a) is increased by 1 (one) week if the employee is over 45 years old and has completed at least 2 (two) years of continuous service with the employer at the end of the day the notice is given. (c) Payment in lieu of the prescribed notice in 27.1(a) and 27.1(b) must be made if the appropriate notice period is not required 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. (d) 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 Company 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: (i) the employee’s ordinary hours of work (even if not standard hours); and (ii) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and (iii) any other amounts payable under the employee’s contract of employment. (e) The period of notice in this clause does not apply: (i) in the case of dismissal for serious misconduct; (ii) to employees engaged for a specific period of time or for a specific task or tasks; (iii) 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 (iv) to casual employees.

Appears in 1 contract

Samples: Enterprise Agreement

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Notice of Termination by Company. (a) 40.1.1 In order to terminate the employment of an employee the Company must give to the employee the period of notice specified in the table below: 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks (b) The period of 40.1.2 In addition to the notice in 27.1 (a) is increased by 1 (one) week if the employee is 40.1.1, employees over 45 years old and has completed of age at least 2 (two) the time of the giving of the notice with not less than two years of continuous service with the employer at the end of the day the notice is givenare entitled to an additional week’s notice. (c) 40.1.3 Payment in lieu of the prescribed notice in 27.1(a) 40.1.1 and 27.1(b) 40.1.2 must be made if the appropriate notice period is not required 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. (d) 40.1.4 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 Company would have become liable to pay to the employee because of the Employment employment continuing during that period. That total must be calculated on the basis of: (ia) the employee’s ordinary hours of work (even if not standard hours); and (iib) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and (iiic) any other amounts payable under the employee’s contract of employment. (e) 40.1.5 The period of notice in this clause does not apply: (ia) in the case of dismissal for serious misconduct; (iib) to apprentices; (c) to employees engaged for a specific period of time or for a specific task or tasks; (iiid) to trainees whose employment under a traineeship agreement Agreement or an approved traineeship is for a specified period or is, for any other reason reason, limited to the duration of the agreementAgreement; or (ive) to casual employees. 40.1.6 Continuous service is defined in clause 25.4.

Appears in 1 contract

Samples: Security Employees Collective Agreement

Notice of Termination by Company. (a) In order to terminate the employment of an employee the Company must give to the employee the period following notice: Period of notice specified in the table below: Over Service Period of Notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years of completed service 3 weeks 5 years and over 4 weeks (b) The period of In addition to the notice in 27.1 (a) is increased by 1 (one) week if the employee is outlined above, employees over 45 years old and has completed at least 2 (two) years of continuous service with the employer age at the end time of the day giving of the notice is givenwith not less than two years service are entitled to an additional week's notice. (c) Payment in lieu of the notice prescribed notice in 27.1(a) and 27.1(b) above must be made if the appropriate notice period is not required to be workedgiven. 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 noticenotice specified and part payment in lieu thereof. (d) 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 Company would have become liable to pay to the employee because of the Employment employment continuing during that period. That total must be calculated on the basis of:of:‌ (i) the employee’s ordinary hours of work (even if not standard hours); and (ii) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and (iii) any other amounts payable under the employee’s contract of employment. (e) The period of notice in this clause does not apply: (i) in the case of dismissal for serious misconduct; (ii) to apprentices; (iii) to employees engaged for a specific period of time or for a specific task or tasks; (iiiiv) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason reason, limited to the duration of the agreement; or (ivv) to casual employees. (vi) termination provisions for Apprentices are provided by the relevant State or Territory Training Authority.

Appears in 1 contract

Samples: Workplace Agreement

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Notice of Termination by Company. (a) 20.1.1 In order to terminate the employment of an employee Employee the Company must give to the employee Employee the period of notice specified in the table below: Over 1 year and up Period of continuous service Period of notice 20.1.2 In addition to the completion of 3 years 2 weeks Over 5 years of completed service 4 weeks (b) The period of notice in 27.1 20.1.1, Employees over forty five (a) is increased by 1 (one) week if the employee is over 45 years old and has completed at least 2 (two45) years of age at the time of the giving of the notice with two (2) years or more continuous service with the employer at the end of the day the notice is givenare entitled to an additional week’s notice. (c) 20.1.3 Payment in lieu of the prescribed notice in 27.1(a) clauses 20.1.1 and 27.1(b) 20.1.2 must be made if the appropriate notice period is not required by the Company to be worked. Provided that employment may be terminated by the employee Employee working part of the required period of notice and by the Company making payment for the remainder of the period of notice. (d) 20.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employeeEmployee’s employment had continued until the end of the required period of notice, the Company would have become liable to pay to the employee Employee because of the Employment employment continuing during that period. That total must be calculated on the basis of: (ia) the employeeEmployee’s ordinary hours of work (even if not standard hours); and (iib) the amounts ordinarily payable to the employee Employee in respect of those hours, including (for example) allowances, loading and penalties; and (iiic) any other amounts payable under the employeeEmployee’s contract of employment. (e) 20.1.5 The period of notice in this clause does not apply: (ia) in the case of dismissal for serious misconduct; (iib) in the case of Employee repudiation of the employment contract; (c) to employees apprentices; (d) to Employees engaged for a specific period of time or for a specific task or tasks; (iiie) to trainees whose employment under a traineeship agreement Agreement or an approved traineeship is for a specified period or is, for any other reason reason, limited to the duration of the agreementAgreement; or (ivf) to casual employeesEmployees. 20.1.6 Continuous service is defined in clause 24.3.

Appears in 1 contract

Samples: Enterprise Agreement

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