Notice of Termination by Employer. 13.1.1 In order to terminate the employment of an Employee, the Employer shall give to the Employee the following notice: Period of continuous service Period of notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks 13.1.2 In addition to the notice in 13.1.1 hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice. 13.1.3 Payment in lieu of the notice prescribed in 13.1.1 and/or 13.1.2 hereof, shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. 13.1.4 In calculating any payment in lieu of notice the wages an Employee would have received in respect of the ordinary time he or she would have worked during the period of notice had the employment not been terminated shall be used. 13.1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual Employees, apprentices, or Employees engaged for a specific period of time or for a specific task or tasks. 13.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by the calculation of continuous service provision of this Agreement.
Appears in 11 contracts
Samples: New South Wales Southern Region Electrical Wholesaling Agreement, New South Wales Southern Region Electrical Wholesaling Agreement, Western Australia Region Electrical Wholesaling Agreement
Notice of Termination by Employer. 13.1.1 (a) In order to terminate the employment of an Employee, employee the Employer shall employer must give to the Employee employee the following notice: Period of continuous service Service Period of notice Notice 1 year or less 1 l week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks
13.1.2 (b) In addition to the notice in 13.1.1 hereof, subclause 15.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be are entitled to an additional week's notice.
13.1.3 (c) Payment in lieu of the notice prescribed in 13.1.1 and/or 13.1.2 hereof, shall subclause 15.1(a) and (b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
13.1.4 (d) In calculating any payment in lieu of notice notice, the wages an Employee employee would have received in respect of the ordinary time he or she would have worked during the period of notice notice, had the their employment not been terminated shall terminated, must be used.
13.1.5 (e) The period of notice in this clause shall does not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of dutyserious misconduct, or in the case of casual Employeesemployees, apprentices, or Employees employees engaged for a specific period of time or for a specific task or tasks.
13.1.6 (f) For the purposes of this clause, continuity of service shall be calculated include all time spent in employment with the manner prescribed by employer with the calculation exception of continuous service provision of this Agreementunpaid leave.
Appears in 2 contracts
Samples: Engineering Agreement, Engineering Agreement
Notice of Termination by Employer. 13.1.1 21.1.1. In order to terminate the employment of an Employeeemployee, the Employer employer shall give to the Employee employee the following minimum notice: Period of continuous service Period of notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeksNotice
13.1.2 21.1.2. In addition to the notice in 13.1.1 hereofprescribed herein, employees over 45 years of age at the time of the giving of the notice with not less than two years years' continuous service, shall be entitled to an additional week's notice.
13.1.3 21.1.3. Payment in lieu of the notice prescribed in 13.1.1 and/or 13.1.2 hereofnotice, shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
13.1.4 21.1.4. 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.
21.1.5. In calculating any payment in lieu of notice the wages an Employee employee would have received in respect of the ordinary time he or he/she would have worked during the period of notice had the his/her employment not been terminated shall be used.
13.1.5 21.1.6. The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual Employeesemployees, apprentices, or Employees employees engaged for a specific period of time or for a specific task or tasks.
13.1.6 21.1.7. For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by the calculation in Calculation of continuous service provision Continuous Service of this Agreementagreement.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. 13.1.1 (a) In order to terminate the employment of an Employee, employee the Employer shall give to the Employee employee the following notice: Period of continuous service Period of notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks
13.1.2 (b) In addition to the notice in 13.1.1 clause 34.1(a) hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
13.1.3 (c) Payment in lieu of the notice prescribed in 13.1.1 clauses 34.1(a) and/or 13.1.2 hereof, 34.1(b) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
13.1.4 (d) In calculating any payment in lieu of notice the wages an Employee employee would have received in respect of the ordinary time he or she would have worked during the period of notice had the his or her employment not been terminated shall be used.
13.1.5 (e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual Employeesemployees, apprentices, or Employees employees engaged for a specific period of time or for a specific task or tasks.
13.1.6 (f) For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by the calculation of continuous service provision in clause 26 of this Agreement.
Appears in 1 contract
Samples: Spotless (Canberra Open Space Management) (Citywide) Agreement 2006
Notice of Termination by Employer. 13.1.1 (a) In order to terminate the employment of an Employee, a full-time or part-time employee the Employer shall will give to the Employee employee the following noticeperiod of notice specified in the table below: Period of continuous service Period of notice Not more than 1 year or less 1 week More than 1 year and up to the completion of but not more than 3 years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeks
13.1.2 (b) In addition to the notice in 13.1.1 hereofthis 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, shall be entitled to service will receive an additional week's ’s notice.
13.1.3 (c) Payment in lieu of the notice prescribed in 13.1.1 and/or 13.1.2 hereof, shall be made is required if the appropriate notice period is not givenrequired 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 specified and part payment in lieu thereofnotice.
13.1.4 (d) In calculating any payment in lieu of notice notice, the Employer must provide the wages an Employee employee would have received at the full rate of pay (as defined in respect of the ordinary time he or she would have Act) had the employee worked during the period of notice had the employment not been terminated shall be usednotice.
13.1.5 (e) The period of notice in this clause shall will not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual Employeesemployees, apprentices, or Employees employees engaged for a specific period of time or for a specific task or tasks.
13.1.6 (f) For the purposes of this clause, continuity of service shall will be calculated in accordance with section 22 of the manner prescribed by the calculation of continuous service provision of this AgreementAct.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Termination by Employer. 13.1.1 16.1.1 In order to terminate the employment of an Employee, employee the Employer employer shall give to the Employee employee the following notice: Period of continuous service Period of notice Less than 1 year or less 1 week 1 year and up to the completion of but less than 3 years 2 weeks 3 years and up to the completion of but less than 5 years 3 weeks 5 years and over 4 weeks
13.1.2 16.1.2 In addition to the notice in 13.1.1 16.1.1 hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
13.1.3 16.1.3 Payment in lieu of the notice prescribed in 13.1.1 16.1.1 and/or 13.1.2 hereof, 16.1.2 hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
13.1.4 16.1.4 In calculating any payment in lieu of notice the wages an Employee employee would have received in respect of the ordinary time he or he/she would have worked during the period of notice had the his/her employment not been terminated shall be used.
13.1.5 16.1.5 The period of notice in this clause shall not apply in the case where an employee has been guilty of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of dutymisconduct, or in the case of casual Employees, apprenticesemployees, or Employees employees engaged for a specific period of time or for a specific task or tasks. Provided that this period of notice shall not apply where an employee has been summarily dismissed for dishonesty, misconduct, neglect of duty, or for absence from work without reasonable cause.
13.1.6 16.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by the calculation of continuous service provision 28.3.2 - Annual leave of this Agreementagreement.
Appears in 1 contract
Samples: Sda Campbells Cash & Carry Pty LTD Victoria Agreement 2006
Notice of Termination by Employer. 13.1.1 27.1.1 In order to terminate the employment of an Employee, Employee the Employer shall give to the Employee the following notice: Period of continuous service Period of notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks
13.1.2 27.1.2 In addition to the notice in 13.1.1 Subclause 27.1.1 hereof, employees Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
13.1.3 27.1.3 Payment in lieu of the notice prescribed in 13.1.1 and/or 13.1.2 hereof, Subclauses 27.1.1 and 27.1.2 hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
13.1.4 27.1.4 In calculating any payment in lieu of notice the wages an Employee would have received in respect of the ordinary time he or she would have worked during the period of notice had the his or her employment not been terminated shall be used.
13.1.5 27.1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual Employees, apprentices, or Employees engaged for a specific period of time or for a specific task or tasks.
13.1.6 27.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by the calculation of continuous service provision of this Agreement.
Appears in 1 contract
Samples: Community Care Services Agreement
Notice of Termination by Employer. 13.1.1 16.1.1 In order to terminate the employment of an Employeea full-time or regular part-time employee, the Employer Rocla shall give to the Employee employee the following notice: 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 2 weeks 3 weeks Over 5 years and over 4 weeks
13.1.2 16.1.2 In addition to the notice in 13.1.1 16.1.1 hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
13.1.3 16.1.3 Payment in lieu of the notice prescribed in 13.1.1 16.1.1 and/or 13.1.2 hereof, 16.1.2 hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by working part of the period of notice specified and with part payment in lieu thereoffor the balance of the period.
13.1.4 16.1.4 In calculating any payment in lieu of notice the wages an Employee employee would have received in respect of the ordinary time he or she would have worked during the period of notice had the his or her employment not been terminated shall be used.
13.1.5 16.1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, dismissal or in the case of respect to casual Employeesemployees, apprentices, or Employees employees engaged for a specific period of time or for a specific task or tasks.
13.1.6 16.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by the calculation of continuous service provision 30.5 of this Agreement.
Appears in 1 contract
Samples: Collective Agreement