Notice of Termination by Employer. In order to terminate the employment of an employee the Employer 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 (a) In addition to the period of notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are entitled to an additional week’s notice. (b) Payment in lieu of the prescribed notice in 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 Employer making payment for the remainder of the period of notice. (c) 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: (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. (d) 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; (iv) 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 (v) to casual employees.
Appears in 6 contracts
Samples: Workplace Agreement, Employee Collective Agreement, Enterprise Agreement
Notice of Termination by Employer. 2.9.1 In order to terminate the employment of an employee the Employer employer must give to the employee the period of notice specified in the table belowfollowing notice: 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 and over 4 weeks
(a) 2.9.2 In addition to the period of notice, notice in 2.9.1 employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(b) 2.9.3 Payment in lieu of the notice prescribed notice in 2.9.1 and 2.9.2 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(c) 2.9.4 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 Employer 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:
(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.
(d) 2.9.5 The period of notice in this clause 2.9.1 does not apply:
(ia) in the case of dismissal for serious misconduct;
(iib) to apprentices;
(iiic) to employees engaged for a specific period of time or for a specific task or tasks;
(ivd) 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
(ve) to casual employees.
2.9.6 Termination provisions for apprentices and trainees are provided by the relevant State or Territory Training Authority.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Notice of Termination by Employer. (a) In order to terminate the employment of an employee a full-time or part-time Employee the Employer must shall give to the employee Employee written notice of the period of notice specified in the table below: Period of continuous service Period of notice Not more than 1 year or less 1 week Over More than 1 year and up to the completion of but less than 3 years 2 weeks Over More than 3 years and up to the completion of but less than 5 years 3 weeks Over 5 years of completed service 4 weeks
(ab) In addition to the period of this notice, employees an Employee over 45 years of age at the time of the giving of the notice with who has not less than two years years’ continuous service are is entitled to an additional week’s one week of notice.
(bc) Payment in lieu of the prescribed notice in must period will be made if the appropriate notice period is not required to be worked. Provided that At the Employer’s discretion, employment may be terminated by the employee Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
(cd) The required amount of In calculating any 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 full rate of pay an Employee 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 received in respect of those hoursthe ordinary time they would have worked during the period of notice had their employment not been terminated, including (for example) allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract of employmentwill be used.
(de) The period of notice in this clause does clause, shall not apply:
(i) apply in the case of dismissal for conduct that justifies summary dismissal on the grounds of serious misconduct;
. Notice of termination also does not apply in the case of casual Employees, training arrangement Employees (ii) to other than apprentices;
(iii) to employees ), or Employees engaged for a specific period of time or for a specific task or tasks;
(iv) 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
(v) to casual employees.
Appears in 2 contracts
Samples: Enterprise Agreement, Royal Flying Doctor Service Victoria Patient Transport Employees Enterprise Agreement 2021
Notice of Termination by Employer. (i) In order to terminate the employment of an a full time or part time employee the Employer must will give to the employee the period of notice specified in the table below: Period of continuous service Period of Notice 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
(aii) In addition to the period of this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years 2 years’ continuous service are entitled to an additional week’s 's notice.
(biii) Payment in lieu of the prescribed notice in must will be made if the appropriate notice period is not required to be worked. Provided that employment Employment may be terminated by the employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
(civ) The required amount of In calculating any 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, an employee will be paid the Employer wages they 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 received in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract ordinary time they would have worked during the period of employmentnotice had their employment not been terminated.
(dv) The period of notice in this clause does will not apply:
(i) apply in the case of dismissal for serious misconduct;
(ii) to apprentices;
(iii) to conduct that justifies instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks;.
(ivvi) to Notwithstanding the foregoing provisions, trainees whose employment under who are engaged for a traineeship agreement or an approved specific period of time will, once the traineeship is for completed and provided that the trainees' services are retained, have all service including the training period counted in determining entitlements. In the event that a specified trainee is terminated at the end of his or her traineeship and is re-engaged by the same Employer within 6 months of such termination, the period or is, for of traineeship will be counted as service in determining any other reason, limited to the duration of the agreement; or
(v) to casual employeesfuture termination.
Appears in 2 contracts
Samples: Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer employer must give to the employee the period of notice specified in the table belowfollowing notice: 1 year or less 1 l 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 and over 4 weeks
13.1 (ab) In addition to the period of notice, notice in 13.1 employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service years’ service, are entitled to an additional week’s 's notice.
13.1 (bc) Payment in lieu of the notice prescribed notice in 13.1 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(cd) 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 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:
(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.
(de) The 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;
(iv) 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
(v) to casual employees.
(f) Termination provisions for apprentices are provided by the relevant State or Territory Training Authority.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer 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
(ab) In addition to the period of noticenotice in clause 7.5.1 (a) above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(bc) Payment in lieu of the prescribed notice in clauses 7.5.1 (a) and (b) above 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 Employer Company making payment for the remainder of the period of notice.
(cd) The required amount of payment in lieu of notice must equal to or exceed the total of all amounts that, if the employee’s 's employment had continued until the end of the required period of notice, the Employer 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 '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 's contract of employment.
(de) 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;
(iv) 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
(v) to casual employees.
Appears in 1 contract
Samples: Union Collective Workplace Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee the Employer 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:
(a) In addition to the period of notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are entitled to an additional week’s notice.
(b) Payment in lieu of the prescribed notice in 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 Employer making payment for the remainder of the period of notice.
(c) 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:
(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.
(d) 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;
(iv) 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
(v) to casual employees.
Appears in 1 contract
Samples: Workplace Agreement
Notice of Termination by Employer. (1) In order to terminate the employment of an employee the Employer John Deere Limited must give to the employee the period of notice specified in the table below: Period of continuous service Period of notice 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
(a2) In addition to the period of noticenotice in clause 6(d)(i)(1), employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(b3) Payment in lieu of the prescribed notice in clauses 6(d)(i)(1) and 6(d)(i)(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 Employer John Deere Limited making payment for the remainder of the period of notice.
(c4) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s 's employment had continued until the end of the required period of notice, the Employer Xxxx Deere Limited 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:
(ia) the employee’s '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 's contract of employment.
(d5) The period of notice in this clause does not apply:
(ia) in the case of dismissal for serious misconduct;
(ii) to apprentices;
(iiib) to employees engaged for a specific period of time or for a specific task or tasks;
(ivc) 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
(vd) to casual employees.
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by Employer. (1) In order to terminate the employment of an employee the Employer must employer shall give to the employee the period following notice: Period of notice specified in the table below: Continuous Service Period of Notice 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
(a2) In addition to the period notice appearing in subparagraph (1) of noticeparagraph (i) of this subclause, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are service, shall be entitled to an additional week’s 's notice.
(b3) Payment in lieu of the notice prescribed notice in must subparagraphs (1) and/or (2) of this paragraph shall 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 specified and part payment in lieu thereof. Provided that an employee may be dismissed without notice for serious misconduct and in such cases the employee shall be paid up until the time of dismissal only; provided further that the employer may deduct payment for any day or part thereof, an employee cannot be usefully employed because of any strike by the Employer making payment Union or any other Union or through any breakdown of machinery or any stoppage of work by any cause whatsoever which the employer cannot reasonably prevent.
(4) For the purpose of this sub-clause, notice given at or before the commencement of any shift shall commence to run from the beginning of such shift and notice given after the commencement of a shift shall not begin to run until the commencement of the next succeeding shift.
(5) Notice of Termination by Employee - The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned. If an employee fails to give notice, the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the remainder of the period of notice.
(c6) The required amount of payment in lieu of notice must equal or exceed Provided that where the total of all amounts thatemployee and the employer genuinely agree, if the employee’s employment had continued until employee may be released prior to the end expiry of the required notice period with payment of notice, the Employer would have become liable to pay wages to the employee because date 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 employmenttermination only.
(d) 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;
(iv) 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
(v) to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. a. In order to terminate the employment of an employee Employee the Employer 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 Employee 4 weeks' notice of termination.
(a) b. In addition to the period of noticenotice in 31.1a, employees Employees over 45 years of age at the time of the giving of the notice with not less than two years years' continuous service service, are entitled to an additional week’s notice.
(b) c. Payment in lieu of the prescribed notice in 31.1a and 31.1b must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
(c) d. 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 Employer would have become liable to pay to the employee Employee because of the employment continuing during that period. That total must be calculated on the basis of:
(i) the employeeEmployee’s ordinary hours of work (even if not standard hours); and
(ii) the amounts ordinarily payable to the employee Employee in respect of those hours, hours including (for example) allowances, loading and penalties; and
(iii) and any other amounts payable under the employeeEmployee’s contract of employment.
(d) e. The period of notice Period Of Notice in this clause does not apply:
(i) in the case of dismissal for serious misconduct;
(ii) to apprentices;
(iii) to employees Employees engaged for a specific period of time or for a specific task or tasks;
(iviii) to trainees whose employment under a traineeship agreement or an approved traineeship Casual and Locum Employees;
f. Continuous Service is for a specified period or is, for any other reason, limited to the duration of the agreement; or
defined in clause 67 (v) to casual employeesLong Service Leave).
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee the Employer must shall give to the employee the period following notice: Period of continuous service Period of notice specified in the table below: 1 One 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
(a) weeks In addition to the period of noticenotice in subparagraph above, employees over 45 years of age at the time of the giving of the notice with not less than two years year’s continuous service are service, shall be entitled to an additional week’s notice.
(b) . Payment in lieu of the notice prescribed notice in must above shall 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 Employer making payment for the remainder of the period of notice.
notice specified and part payment in lieu thereof. Any employee who having given or been given notice as aforesaid and who without reasonable cause (cproof of which shall lie on him/her) absents themselves from work during such period, shall be deemed to have abandoned their employment and shall not be entitled to payment for work done by them within the period. 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 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:
(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.
(d) . The period of notice in this clause does shall not apply:
(i) apply in the case of dismissal for serious misconduct;
(ii) to apprentices;
(iii) to conduct that justifies summary dismissal or in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks;
(iv) 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
(v) to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer employer must give to the employee at Levels 1 to 5 the period of notice specified in the table below: Period of continuous service Period of notice 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
(ab) For employees employed in Levels 6, 7, and 8, at least four weeks notice shall be given.
(c) In addition to the period of noticenotice in 2.7.1(a) and 2.7.1(b), employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(bd) Payment in lieu of the prescribed notice in 2.7.1(a), 2.7.1(b) and 2.7.1(c) 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 Employer employer making payment for the remainder of the period of notice.
(ce) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s 's employment had continued until the end of the required period of notice, the Employer 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:
(i) the employee’s '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 's contract of employment.
(df) The period of notice in this clause does not apply:
(i) 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;
(iv) . 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
(v) v. to casual employees.
(g) Continuous service is defined in clause 5.11.
Appears in 1 contract
Samples: Certified Agreement
Notice of Termination by Employer. A. In order to terminate the employment of an employee the Employer MacAir must give to the employee the period of notice specified in the table below: Less than 1 year or less 1 week Over 2 weeks More than 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
(a) B. In addition to the period of noticenotice in 3.2.1.A, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s notice.
(b) C. Payment in lieu of the prescribed notice in 3.2.1.A and 3.2.1.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 Employer XxxXxx making payment for the remainder of the period of notice.
(c) 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 Employer MacAir 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.
(d) 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;
(iv) 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
(v) to casual employees.
F. Continuous service is defined in clause 1.5.10.
Appears in 1 contract
Samples: Employee Collective Agreement
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer 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' notice of termination.
(ab) In addition to the period of noticenotice in 31.1(a), employees over 45 years of age at the time of the giving of the notice with not less than two years years' continuous service service, are entitled to an additional week’s notice.
(bc) Payment in lieu of the prescribed notice in 31.1(a) and 31.1(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 Employer making payment for the remainder of the period of notice.
(cd) 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:
(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, hours including (for example) allowances, loading and penalties; and
(iii) and any other amounts payable under the employee’s contract of employment.
(de) The period of notice 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;
(iviii) 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; orCasual and Locum employees;
(vf) to casual employees.Continuous Service is defined in clause 65 (Long Service Leave)
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. 26.1.1 In order to terminate the employment of an employee the Employer employer must give to the employee the period of notice specified in the table below: Period of continuous service Period of notice 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
(a) 26.1.2 In addition to the period of noticenotice in 26.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(b) 26.1.3 Payment in lieu of the prescribed notice in 26.1.1 and 26.1.2 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 Employer employer making payment for the remainder of the period of notice.
(c) 26.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s 's employment had continued until the end of the required period of notice, the Employer 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:
(ia) the employee’s '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 's contract of employment.
(d) 26.1.5 The period of notice in this clause does not apply:
(ia) in the case of dismissal for serious misconduct including dishonesty, misconduct, neglect of duty or for absence from work without reasonable cause;
(iib) to apprentices;
(iiic) to employees engaged for a specific period of time or for a specific task or tasks;
(ivd) 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
(ve) to casual employees.
26.1.6 Continuous service is defined in clause 4.11.
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by Employer. a) In order to terminate the employment of an employee the Employer employer must give to the employee the period following notice: Period of notice specified in the table below: Service Period of Notice 1 year or less 1 l 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 and over 4 weeks
(ab) In addition to the period of notice, notice in (a) employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(bc) Payment in lieu of the notice prescribed notice in (a) and (b) 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(cd) 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 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:
(i) ). the employee’s ordinary hours of work (even if not standard hourshours and including any regular overtime or the like); and
(ii) ). the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) ). 50% of accrued personal leave will be paid out upon termination upon resignation or retirement;
iv). any other amounts payable under the employee’s contract of employment.
(d) . The period of notice in this clause does not apply:
(i) a). in the case of dismissal for serious misconduct;
(ii) to apprentices;
(iii) b). to employees engaged for a specific period of time or for a specific task or tasks;
(iv) 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
(v) c). to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. In order to a) To terminate the employment of an a full-time or regular part-time employee the Employer must KONE shall give to the employee the period of notice specified in the table below: 1 year or less 1 week Over 1 year and yearand 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
(ab) In addition to the period of this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are entitled to an additional week’s 's notice.
(bc) Payment in lieu of the prescribed notice in must will be made if the appropriate notice period is not required to be worked. Provided that employment Employment may be terminated by the employee working part of the required period of notice and by the Employer KONE making payment for the remainder of the period of notice.
(cd) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s 's employment had continued until the end of the required period of notice, the Employer 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 ofbased on:
(i) the employee’s '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 's contract of employment.
(de) The period of notice in this clause does shall be applied consistent with the Fair Work Act 2009 and Regulations, which in part excludes employees dismissed for neglect of duty or serious misconduct.
f) Continuous service shall be calculated in accordance with the definition specified in section 22 of the Fair Work Act 2009. For the purposes of clarity, the following do not applycount as service:
(a. any period of unauthorised absence.
b. any period of unpaid leave or unpaid authorised absence, other than:
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;
(iv) 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 agreementcommunity service leave; or
(vii) to casual employeesa period of stand down; or
iii) a relevant period of leave or absence of a kind prescribed by the Fair Work regulations. An excluded period does not break the employee's continuous service with the employer but does not count towards the length of the employee's continuous service.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. a) In order to terminate the employment of an employee employee, the Employer must give to the employee the period of notice specified in the table below: Period of continuous service Period of notice 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
(ab) In addition to the period of noticenotice in 24.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s notice.
(bc) Payment in lieu of the prescribed notice in 24.1 and 24.2 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 Employer making payment for the remainder of the period of notice.
(cd) 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:
(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.
(de) 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;
(iviii) to trainees whose employment under a traineeship agreement Agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreementAgreement; or
(viv) to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. 12.2.1 In order to terminate the employment of an employee Employee the Employer must give to the employee 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
(a) 12.2.2 In addition to the period of this notice, employees Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are entitled to an additional week’s 's notice.
(b) 12.2.3 Payment in lieu of the prescribed notice in must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
(c) 12.2.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s 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 Employee because of the employment continuing during that period. That total must be calculated on the basis of:
(ia) the employee’s Employee'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 Any other amounts payable under the employee’s Employee's contract of employment.
(d) 12.2.5 The period of notice in this clause Clause does not apply:
(ia) in the case of dismissal for serious misconduct;
(iib) to apprentices;
(iiic) to employees Employees engaged for a specific period of time or for a specific task or tasks;
(ivd) to trainees whose employment under a traineeship agreement Agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreementAgreement; or
(ve) to To casual employeesEmployees.
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by Employer. (i) In order to terminate the employment of an a full time or part time employee the Employer must will give to the employee the period of notice specified in the table below: Period of continuous service Period of Notice 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
(aii) In addition to the period of this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years years’ continuous service are entitled to an additional week’s 's notice.
(biii) Payment in lieu of the prescribed notice in must will be made if the appropriate notice period is not required to be worked. Provided that employment Employment may be terminated by the employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
(civ) The required amount of In calculating any 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, an employee will be paid the Employer wages they 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 received in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract ordinary time they would have worked during the period of employmentnotice had their employment not been terminated.
(dv) The period of notice in this clause does will not apply:
(i) apply in the case of dismissal for serious misconduct;
(ii) to apprentices;
(iii) to conduct that justifies instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks;.
(ivvi) to Notwithstanding the foregoing provisions, trainees whose employment under who are engaged for a traineeship agreement or an approved specific period of time will, once the traineeship is for completed and provided that the trainees' services are retained, have all service including the training period counted in determining entitlements. In the event that a specified trainee is terminated at the end of their traineeship and is re-engaged by the same Employer within six months of such termination, the period or is, for of traineeship will be counted as service in determining any other reason, limited to the duration of the agreement; or
(v) to casual employeesfuture termination.
Appears in 1 contract
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer must give to the employee the period following notice: Period of notice specified in the table below: 1 year or less 1 week Over 1 year and up to the completion Service Period 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 weeksNotice
(ab) In addition to the period of notice, notice in (a) employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(bc) Payment in lieu of the notice prescribed notice in (a) and (b) 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(cd) 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:
(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.
(de) The 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;
(iv) 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
(v) to casual employees.
(vi) Termination provisions for Apprentices are provided by the relevant State or Territory Training Authority.
Appears in 1 contract
Samples: Certified Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee the Employer must give to the employee the period of notice specified in the table below: 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
(a) In addition to the period of notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are entitled to an additional week’s notice.
(b) An employee who lawfully terminates his employment and who after 2 years of service has accumulated sick leave entitlements shall be entitled to be paid after a period of 3 months, or; an employee whose employment is terminated by the employer, or who retires because of age or ill health, shall be entitled to be paid the percentage of the scale within the Award clause Part VI – Leave and Holidays with Pay part 2c (i) & (ii). This provision is unique to employees in the Tasmanian Quarry industry and is not to be used as a precedent for conditions elsewhere in Boral.
(c) Payment in lieu of the prescribed notice in 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 Employer making payment for the remainder of the period of notice.
(cd) 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:
(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.
(de) 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;tasks;
(iv) 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
(v) to casual employees.
Appears in 1 contract
Samples: Workplace Agreement
Notice of Termination by Employer. (1) In order to terminate the employment of an employee the Employer must employer shall give to the employee the period of notice specified in the table belowfollowing notice: 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
(a2) In addition to the period notice appearing in subparagraph (1) of noticeparagraph (i) of this subclause, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are service, shall be entitled to an additional week’s 's notice.
(b3) Payment in lieu of the notice prescribed notice in must subparagraphs (1) and/or (2) of this paragraph shall 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(c4) The required amount For the purposes of this subclause, notice given at or before the commencement of any shift shall commence to run from the beginning of such shift and notice given after the commencement of a shift shall not begin to run until the commencement of the next succeeding shift.
(5) In calculating any 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 wages an employee 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 received in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract ordinary time he or she would have worked during the period of employmentnotice had his or her employment not been terminated shall be used.
(d6) The period of notice in this clause does shall not apply:
(i) apply in the case of dismissal for serious misconduct;
(ii) to conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices;
(iii) to , or employees engaged for a specific period of time or for a specific task or tasks;.
(iv7) to trainees whose employment under For the purposes of this clause, continuity of service shall be calculated in a traineeship agreement or an approved traineeship is for a specified period or ismanner prescribed by subclause (d), for any other reasonCalculation of Continuous Service, limited to the duration of the agreement; or
(v) to casual employeesclause 33, Annual Leave, of this award.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. (i) In order to terminate the employment of an a full time or part time employee the Employer must will give to the employee the period of notice specified in the table below: Period of continuous service Period of Notice 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
(aii) In addition to the period of this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years 2 years’ continuous service are entitled to an additional week’s 's notice.
(biii) Payment in lieu of the prescribed notice in must will be made if the appropriate notice period is not required to be worked. Provided that employment Employment may be terminated by the employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
(civ) The required amount of In calculating any 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, an employee will be paid the Employer wages they 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 received in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract ordinary time they would have worked during the period of employmentnotice had their employment not been terminated.
(dv) The period of notice in this clause does will not apply:
(i) apply in the case of dismissal for serious misconduct;
(ii) to apprentices;
(iii) to conduct that justifies instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks;.
(ivvi) to Notwithstanding the foregoing provisions, trainees whose employment under who are engaged for a traineeship agreement or an approved specific period of time will, once the traineeship is for completed and provided that the trainees' services are retained, have all service including the training period counted in determining entitlements. In the event that a specified trainee is terminated at the end of their traineeship and is re- engaged by the same Employer within 6 months of such termination, the period or is, for of traineeship will be counted as service in determining any other reason, limited to the duration of the agreement; or
(v) to casual employeesfuture termination.
Appears in 1 contract
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer employer must give to the employee the period following notice: Period of notice specified in the table below: 1 year or less 1 week Over 1 year and up to the completion Service Period 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 weeksNotice
(ab) In addition to the period of notice, notice in 13.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(bc) Payment in lieu of the notice prescribed notice in 13.1(a) and (b) 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(cd) 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 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:
(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.
(de) 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;
(iv) 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
(v) to casual employees;
(vi) termination provisions for Apprentices are provided by the relevant State Training Authority.
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by Employer. (1) In order to terminate the employment of an employee the Employer must employer shall give to the employee the period following notice: Period of continuous service 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
(a2) In addition to the period notice appearing in subparagraph (1) of noticeparagraph (i) of this subclause, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are service, shall be entitled to an additional week’s 's notice.
(b3) Payment in lieu of the notice prescribed notice in must subparagraphs (1) and/or (2) of this paragraph shall 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 specified and part payment in lieu thereof. Provided that an employee may be dismissed without notice for serious misconduct and in such cases the employee shall be paid up until the time of dismissal only; provided further that the employer may deduct payment for any day or part thereof, an employee cannot be usefully employed because of any strike by the Employer making payment Union or any other Union or through any breakdown of machinery or any stoppage of work by any cause whatsoever which the employer cannot reasonably prevent.
(4) For the purpose of this sub-clause, notice given at or before the commencement of any shift shall commence to run from the beginning of such shift and notice given after the commencement of a shift shall not begin to run until the commencement of the next succeeding shift.
(5) NOTICE OF TERMINATION BY EMPLOYEE - The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned. If an employee fails to give notice, the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the remainder of the period of notice.
(c6) The required amount of payment in lieu of notice must equal or exceed Provided that where the total of all amounts thatemployee and the employer genuinely agree, if the employee’s employment had continued until employee may be released prior to the end expiry of the required notice period with payment of notice, the Employer would have become liable to pay wages to the employee because date 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 employmenttermination only.
(d) 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;
(iv) 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
(v) to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee employee, four weeks’ written notice shall be given by the Employer 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
(a) employer. In addition to the period of noticenotice in 16.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s notice.
(b) . Payment in lieu of the prescribed notice in 16.1.1 and 16.1.2 must be made if the appropriate notice period is not required to be worked. Provided worked provided that employment may be terminated by the employee working part of the required period of notice and by the Employer employer making payment for the remainder of the period of notice.
(c) . 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 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:
(i) : the employee’s ordinary hours of work (even if not standard hours); and
(ii) and the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) and any other amounts payable under the employee’s contract of employment.
(d) . 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;
(iv) tasks only where the specific period of time for which the employee was engaged is concluding, or where the specified task for which the employee was engaged has been completed. 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
(v) or to casual employees.. to employees during their probationary and or qualifying period where notice of one week shall apply Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. Job search entitlement Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. Transmission of business Where a business is transmitted from one employer to another, as set out in clause 17 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for. A qualifying or probationary period, however titled, shall not apply to a transferring employee. REDUNDANCY Definitions Business includes trade, process, business or occupation and includes part of any such business. Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job (or part of the job) the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour. Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude: overtime;
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer employer must give to the employee the period following notice: Period of notice specified in the table below: Service Period of Notice 1 year or less 1 l 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 and over 4 weeks
(ab) In addition to the period of notice, notice in 17.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(bc) Payment in lieu of the notice prescribed notice in 17.1(a) and (b) 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(cd) 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 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:
(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.
(de) The 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;
(iv) 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
(v) to casual employees.
(f) Termination provisions for apprentices are provided by the relevant State or Territory Training Authority.
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by Employer. 17.1.1. In order to terminate the employment of an employee a full-time or regular part-time Employee, the Employer must shall give to the employee Employee the period of notice specified in the table belowfollowing notice: 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
(a) 17.1.2. In addition to the period of noticenotice in 17.1.1 hereof, employees Employees over 45 years of age at the time of the giving of the notice with not less than two years years' continuous service are service, shall be entitled to an additional week’s 's notice.
(b) 17.1.3. Payment in lieu of the notice prescribed notice in must 17.1.1 and/or 17.1.2 hereof, shall be made if the appropriate notice period is not required to be workedgiven. Provided that employment Employment may be terminated by the employee working part of the required period of notice and by the Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu .
(c) The required amount 17.1.4. For the purposes of payment this clause, notice given at or before the commencement of any shift shall commence to run from the beginning of such shift and notice given after the commencement of a shift shall not begin to run until the commencement of the next succeeding shift.
17.1.5. Payment in lieu of notice must equal or exceed the total of all amounts that, if an Employee would be entitled to had their employment continued with the employee’s employment had continued Employer 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 notice 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.
(d) 17.1.6. The period of notice in this clause does not apply:
(ia) in the case of dismissal for serious misconduct;
(iib) to apprentices;
(iiic) to employees Employees engaged for a specific period of time or for a specific task or tasks;
(ivd) 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
(v) to casual employees.
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee the Employer employer must give to the employee the period of notice specified in the table below: Period of continuous service Period of notice 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
weeks • Continuous service is work for the employer on a regular and systematic basis (a) In addition to the including any period of notice, employees authorised leave or absence). • Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s notice.
(b) . • Payment in lieu of the prescribed notice in must be made if the appropriate notice period is not required to be worked. Provided , provided that employment may be terminated by the employee working part of the required period of notice and by the Employer employer making payment for the remainder of the period of notice.
(c) . • 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 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:
(i) : ♦ the employee’s ordinary hours of work (even if not standard hours); and
(ii) and ♦ the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) and ♦ any other amounts payable under the employee’s contract of employment.
(d) . • 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;
(iv) ; ⮚ 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
(v) or ⮚ to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. 42.1 In order to terminate the employment of an employee the Employer must shall give to the employee the period following notice: Years Service: Period of notice specified in the table below: Notice
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 Years and over 4 weeks
(a) weeks In addition to the period of noticenotice period, employees over 45 years of age at the time of the giving of the notice with not less than two 2 years continuous service are shall be entitled to an additional week’s weeks notice.
(b) 42.2 Payment in lieu of the prescribed notice in must shall 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(c) The required amount of 42.3 In calculating any 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 wages an employee 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 received in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract ordinary time he or she would have worked during the period of employmentnotice had his or her employment not been terminated shall be used.
(d) 42.4 The period of notice in this clause does shall not apply:
(i) apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency, serious and wilful misconduct;
(ii) to apprentices;
(iii) to , or neglect of duty, or in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks;. Notice of Termination by Employee
(iv) 42.5 The notice of termination required to trainees whose employment under a traineeship agreement or be given by an approved traineeship is for a specified period or isemployee shall be the same as that required of an employer, for any other reason, limited except that there shall be no additional notice based on the age of the employee concerned.
42.6 If an employee fails to given notice the Employer shall have the right to withhold moneys due to the duration employee with a maximum amount equal to the ordinary time rate of pay for the agreement; orperiod of notice. Time off during Notice Period
(v) 42.7 Where an Employer has given notice of termination to casual employeesan employee, an employee shall be allowed up to one days time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at time that is convenient to the Employer after consultation with the employee. Summary Dismissal 42.8 Notwithstanding the provisions of subparagraph 42.1 and 42.2 hereof the Employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, and in such cases the wages shall be paid up to the time of dismissal only.
Appears in 1 contract
Samples: Hsu Non Clinical Employees Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee Employee the Employer employer must give to the employee 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
(a) 6.5.1 In addition to the period of above notice, employees Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s notice.
(b) 6.5.2 Payment in lieu of the prescribed notice in above, including 6.5.1, must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee Employee working part of the required period of notice and by the Employer employer making payment for the remainder of the period of notice.
(c) 6.5.3 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 Employer employer would have become liable to pay to the employee 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); andhours);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.
(d) 6.5.4 The period Period of notice in this clause does not applyapply to the following:
(i) in In the case of dismissal for serious misconduct;; or
(ii) to To apprentices;; or
(iii) to employees To Employees engaged for a specific period of time or for a specific task or tasks;; or
(iv) to To casual Employees; or
(v) 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.
6.5.5 For the purposes of this clause, continuity of service shall be the same as defined in Regulation 5 of the Local Government (vLong Service Leave) Regulations 1977, as amended from time to casual employeestime.
Appears in 1 contract
Samples: Union Collective Agreement
Notice of Termination by Employer. (a) In order to terminate the employment of an employee the Employer employer must give to the employee the period following notice: Period of notice specified in the table below: Service Period of Notice 1 year or less 1 l 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 and over 4 weeks
(ab) In addition to the period of notice, notice in 10.1 (a) employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service service, are entitled to an additional week’s 's notice.
(bc) Payment in lieu of the notice prescribed notice in 10.1 (a) and (b) 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(cd) 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 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:
(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.
(de) The 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;
(iv) 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
(v) to casual employees.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee Employee, the Employer must give to the employee Employee the period of following notice, and such notice specified must be provided 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 weekswriting:
(a) In addition to the period of above notice, employees Employees over 45 years of age at the time of the giving of the notice notice, with not less than two years continuous service of service, are entitled to an additional week’s 's notice.
(b) Payment in lieu of the notice prescribed notice in must be made if the appropriate notice period is not required to be workedgiven. Provided that employment Employment may also be terminated by the employee Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
(c) The required amount of payment in lieu of notice notice, must equal or exceed be at least the total of all amounts thatamount that the Employer would have been liable to pay the Employee, if had the employeeEmployee’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 .
d) The total payment must be calculated on the basis of:
(i) the employeeEmployee’s ordinary hours of work (even if not standard hours)work; and
(ii) the amounts ordinarily payable to the employee Employee in respect of those hours, including (for example) allowances, loading and penalties; and
(iii) any other amounts payable under the employeeEmployee’s contract of employment.
(de) The period of notice in this clause does not apply:
(i) in the case of dismissal for serious misconduct;.
(ii) to Employees, including apprentices;
(iii) to employees , engaged for a specific period of time or for a specific task or tasks;.
(iviii) 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
(viv) to casual employeesEmployees.
f) Termination provisions for Apprentices are provided by the relevant State or Territory Training Authority.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. In order to terminate the employment of an employee the Employer must employer shall give to the employee the period following notice: Period of continuous service Period of notice specified in the table below: Less than 1 year or less 1 week Over 1 year and up to the completion of but less than 3 years 2 weeks Over 3 years and up to the completion of but less than 5 years 3 weeks Over 5 years of completed service and over 4 weeks
(a) 23.1.1 In addition to the period of noticenotice in 23.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are shall be entitled to an additional week’s notice.
(b) 23.1.2 Payment in lieu of the notice prescribed notice in must 23.1 and/or 23.1.1 shall 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 Employer making payment for the remainder of the period of noticenotice specified and part payment in lieu thereof.
(c) 23.1.3 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 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:
(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.
(d) 23.1.4 The period of notice in this clause does not apply:
(ia) in the case of dismissal for serious misconduct, including for malingering, inefficiency or neglect of duty;
(iib) to apprentices;
(iiic) to employees engaged for a specific period of time or for a specific task or tasks;
(ivd) 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
(ve) to casual employees.
Appears in 1 contract
Samples: Collective Agreement