Common use of Notice of Termination by Employer Clause in Contracts

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, Workplace Agreement

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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 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 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. (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. 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. 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 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. 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

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

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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 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. 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. (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

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