Notice of Termination by the Employer. (i) Subject to Clause 2.6.1, in order to terminate the employment of the Employee, the Employer shall give the Employee the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year and up to the completion of 3 years 2 weeks More than 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks (ii) In addition to the notice given in paragraph (i), if the Employee is over 45 years of age at the time of the giving of the notice with not less than two years continuous service, the Employee shall be entitled to an additional week’s notice. (iii) Payment in lieu of notice prescribed in paragraphs (i) and/or (ii), shall be made if the appropriate notice period is not given. Provided that employment may be terminated by giving part of the period of notice specified and part payment in lieu. (iv) In calculating any payment in lieu of notice the wages used must be the amount the Employee would have received in respect of the ordinary time the Employee would have worked during the period of notice had his/her employment not been terminated. (v) The period of notice in this clause shall not apply to fixed term Employees or dismissal for conduct justifying summary dismissal.
Appears in 2 contracts
Samples: Maintenance Agreement, Maintenance Agreement
Notice of Termination by the Employer. (i) Subject to Clause 2.6.1, in In order to terminate the employment of the Employeean employee, the Employer shall give the Employee employee the following notice: notice unless the Award Provision relating to the specific employee are greater in which case the relevant Award provisions will apply Period of Continuous Service Period of Notice Not more than Notice
1 year or less 1 week More than Over 1 year and up to the completion of 3 years 2 weeks More than Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over 4 weeks
(ii) weeks In addition to the notice given in paragraph (i)period set out above, if the Employee is employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, the Employee shall be entitled to an additional week’s 's notice.
(iii) . Payment in lieu of the notice prescribed in paragraphs (i) and/or (ii), period set out above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by giving part of the period of notice specified notice, and part payment in lieu.
(iv) lieu of notice. In calculating any payment in lieu of notice notice, the wages to be used must shall be the amount the Employee those an employee would have received in respect of the ordinary time the Employee (including relevant allowances) they would have worked during the period of notice had his/her their employment not been terminated.
(v) . The period of notice in this clause shall not apply to fixed term Employees or in the case of dismissal for conduct justifying summary dismissalwhich justifies instant dismissal or in the case of casual employees, or apprentices or those employees engaged for a specific period of time or for a specific task or tasks.
Appears in 1 contract
Samples: Collective Workplace Agreement
Notice of Termination by the Employer. (i) Subject to Clause 2.6.1, in 40.1.1 In order to terminate the employment of the an Employee’s employment, if they are a full-time or a part-time permanent, the Employer shall Company will give the Employee the following noticeapplicable period 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 Over 1 year and up to the completion of 3 years 2 weeks More than Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over of completed service 4 weeks
(ii) 40.1.2 In addition to the notice given in paragraph (i)this notice, if the an Employee is over 45 years of age at the time of the giving of the notice with not less than two (2) years continuous service, the Employee shall be is entitled to an additional one
(1) week’s notice.
(iii) 40.1.3 Payment in lieu of the notice prescribed in paragraphs (i) and/or (ii), shall will be made if the appropriate notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by giving the Company requiring the Employee to work part of the required period of notice and by the Company making payment for the period of notice specified and part payment in lieunot worked.
(iv) 40.1.4 In calculating any payment in lieu of notice notice, the wages used must be the amount the Employee would have received in respect of the ordinary time the Employee they would have worked during the period of notice (had his/her the Employees employment not been terminated) will be used.
(v) 40.1.5 The period of notice in this clause clause, shall not apply to fixed term Employees or dismissal for conduct justifying in the case of summary dismissal, a casual employee, apprentice or an employee engaged for a specific period of time or for a specific task or tasks.
Appears in 1 contract
Samples: Workplace Agreement
Notice of Termination by the Employer. (i) Subject to Clause 2.6.1i. Unless a longer notice period is stipulated in the contract of employment, in order to terminate the employment of the Employee, a Permanent Employee the Employer shall will give the Employee applicable period of notice as specified in the following notice: Period of Continuous Service Period of Notice table below. Not more than 1 one year 1 week More than one year 1 year and up to the completion of 3 years 2 weeks More than 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeksmonth
(ii) . In addition to the notice given in paragraph (i)this notice, if the an Employee is over 45 forty-five (45) years of age with more than two (2) years continuous service at the time of the giving of the notice with not less than two years continuous servicenotice, the that Employee shall will be entitled to an additional week’s one (1) weeks' notice.
(iii) . Payment in lieu of the notice prescribed in paragraphs (i) and/or (ii), shall will be made by the Employer if the appropriate notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by giving the Employer requiring the Employee to work part or all of the required period of notice and by the Employer making payment for the period of notice specified and part payment in lieunot worked.
(iv) In calculating any . If an Employee is to receive a payment in lieu of notice notice, the wages used must be the amount or annual salary the Employee would have received in respect of the ordinary time hours the Employee would have worked during the period of notice (had his/her their employment not been terminated) will be paid.
(v) v. The period of notice or payment of notice in this clause clause, shall not apply to fixed term Employees or in the case of dismissal for conduct justifying serious misconduct or any other grounds that justify summary dismissal. In the event of summary dismissal, wages or annual salary will be paid up to the time of dismissal only.
Appears in 1 contract
Samples: Collective Agreement
Notice of Termination by the Employer. (i) Subject to Clause 2.6.1, in 18.1.1 In order to terminate the employment of an employee the Employee, the Employer employer shall give to the Employee employee the following notice: Period of Continuous Service continuous service Period of Notice Not more than notice Up to 1 year 1 week More than 1 year and up to the completion of 3 years 2 weeks years More than 3 years and up to the completion of 5 years 3 weeks years More than 5 years and over 4 weeks
(ii) 18.1.2 In addition to the notice given in paragraph (i)clause 18.1.1 hereof, if the Employee is employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, the Employee shall be entitled to an additional week’s 's notice.
(iii) 18.1.3 Payment in lieu of the notice prescribed in paragraphs (i) clause 18.1.1 and/or (ii), 18.1.2 hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by giving part of the period of notice specified and part payment in lieulieu thereof.
(iv) 18.1.4 In calculating any payment in lieu of notice notice, the wages used must be the amount the Employee an employee would have received in respect of the ordinary time the Employee employee would have worked during the period of notice had his/her employment not been terminatedterminated shall be used.
(v) 18.1.5 The period of notice in this clause shall not apply to fixed term Employees or in the case of dismissal for conduct justifying summary that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, pieceworkers, special workers, support staff, apprentices or employees engaged for a specific period of time or for a specific task or tasks.
18.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by clause 28 of this Agreement.
Appears in 1 contract
Samples: Collective Agreement (Multi Tech International Corp)
Notice of Termination by the Employer. (i) Subject to Clause 2.6.1, in In order to terminate the employment of the Employee, where employed on a full-time or part-time basis, the Employer shall give to the 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 Over 1 year and up to the completion of 3 years 2 weeks More than Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over of completed service 4 weeks
(ii) In addition to the notice given in paragraph (i)this notice, if where the Employee is over 45 years of age at the time of the giving of the notice with not less than two years one year continuous service, the Employee shall they will be entitled to an additional week’s notice.
(iii) Payment in lieu of the notice prescribed in paragraphs (i) and/or (ii), shall will be made if the appropriate notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by giving 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 lieunotice.
(iv) In calculating any payment in lieu of notice notice, the wages used must be the amount the Employee would have received in respect of the ordinary time the Employee they would have worked during the period of notice had his/her their employment not been terminatedterminated will be used.
(v) The period of notice in this clause Clause shall not apply to fixed term in the case of dismissal for misconduct, or in the case of casual Employees or dismissal Employees engaged for conduct justifying summary dismissala specific period of time or for a specific task or tasks.
Appears in 1 contract
Samples: Health Professionals and Pastoral Care Enterprise Agreement
Notice of Termination by the Employer. (ia) Subject to Clause 2.6.1, in In order to terminate the employment of the Employee, a weekly employee the Employer shall will give to the Employee employee the following notice: Period of Continuous Service Period of Notice Not more Less than 1 year 1 week More than 1 year and up to the completion of but less than 3 years 2 weeks More than 3 years and up to the completion of but less than 5 years 3 weeks 5 years and over 4 weeks
(iib) In addition to the notice given in paragraph clause (i)a) hereof, if the Employee is employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, the Employee shall will be entitled to an additional week’s 's notice.
(iiic) Payment in lieu of the notice prescribed in paragraphs subclauses (ia) and/or and (ii), shall b) hereof will be made if the appropriate notice period is not given. Provided that employment may be terminated by giving part of the period of notice specified and part payment in lieulieu thereof.
(ivd) In calculating any payment in lieu of notice the wages used must be the amount the Employee employee would have received in respect of the ordinary time the Employee he/she would have worked during the period of notice had his/her employment not been terminatedterminated will be used.
(ve) The period of notice in this clause shall will not apply to fixed term Employees or in the case of dismissal for conduct justifying summary 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.
(f) For the purpose of this clause, period of continuous service means the period during which the employee has serviced the Employer under an unbroken contract of employment.
Appears in 1 contract
Samples: Workplace Agreement
Notice of Termination by the Employer. (ia) Subject to Clause 2.6.11.4.5 (Summary Dismissal), in order to terminate the employment of the Employee, Employee the Employer shall give to the Employee the following notice: Period of Continuous Service continuous service Period of Notice notice Not more than 1 year 1 week More than 1 year and up to the completion of 3 years 2 weeks More than 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks
(iib) In addition to the notice given in paragraph (ia), if the Employee is over 45 years of age at the time of the giving of the notice with not less than two years continuous service, the Employee shall be entitled to an additional week’s notice.
(iiic) Payment in lieu of the notice prescribed in paragraphs (ia) and/or (iib), shall be made if the appropriate notice period is not given. Provided that employment may be terminated by giving part of the period of notice specified and part payment in lieu.
(ivd) In calculating any payment in lieu of notice the wages used must be the amount the Employee would have received in respect of the ordinary time the Employee would have worked during the period of notice had his/her employment not been terminated.
(ve) The period of notice in this clause shall not apply to casual Employees, fixed term Employees or dismissal for conduct justifying summary dismissal.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement