Common use of Redundancy benefit Clause in Contracts

Redundancy benefit. 59.1 Where an employee accepts an offer of voluntary retrenchment and the CEO terminates the employee’s employment, the employee is entitled to be paid a redundancy benefit of a sum equal to two week’s salary for each completed year of service, plus a pro-rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the NES. 59.2 The minimum sum payable will be four week’s salary and the maximum will be 48 week’s salary. 59.3 The redundancy benefit will be calculated on a pro-rata basis for any period where an employee has worked part-time hours during the employee’s period of service and the employee has less than 24 years full-time service, subject to any minimum amount the employee is entitled to under the NES. 59.4 For earlier periods of service to count there must be no breaks between the periods of service, except where: (a) The break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or (b) The earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922. 59.5 Subject to clause 59.4, and having regard to clauses 59.1 to 59.3 and clause 59.8, service for redundancy benefit purposes means: (a) Service in ACSQHC; (b) Government service as defined in section 10 of the LSL Act; (c) Service with the Commonwealth (other than service with a Joint Commonwealth/State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; (d) Service with the ADF; (e) APS service immediately preceding deemed resignation under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922, if the service has not previously been recognised for redundancy pay purposes; and (f) Service in another organisation where an employee was transferred from the APS to that organisation with a transfer of function; or an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the APS and such service is recognised for long service leave purposes. 59.6 Having regard to clause 59.5, any period of service which ceased: (a) Through termination on the following grounds, or on a ground equivalent to any of the following grounds i. The employee lacks, or has lost, an essential qualification for performing the employee’s duties; or ii. Non-performance, or unsatisfactory performance, of duties; or iii. Inability to perform duties because of physical or mental incapacity; or iv. Failure to satisfactorily complete an entry level training course; or v. Failure to meet a condition of the employee’s engagement; or vi. A breach of the Code of Conduct; or (b) On a ground equivalent to a ground listed in subparagraph (a) above under the repealed Public Service Act 1922; or (c) Through voluntary retrenchment at or above the minimum retiring age applicable to the employee; or (d) With the payment of a redundancy benefit or similar payment or an employer- financed retirement benefit will not count as service for redundancy benefit purposes. 59.7 Absences from work which do not count as service for any purpose will not count as service for redundancy benefit purposes.

Redundancy benefit. 59.1 Where an employee accepts an offer of voluntary retrenchment and the CEO terminates the employee’s employment, the employee is entitled to be paid a redundancy benefit of a sum equal to two week’s salary for each completed year of service, plus a pro-rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the NES. 59.2 . The minimum sum payable will be four week’s salary and the maximum will be 48 week’s salary. 59.3 . Part-time service The redundancy benefit will be calculated on a pro-rata basis for any period where an employee has worked part-time hours during the employee’s period of service and the employee has less than 24 years full-time service, subject to any minimum amount the employee is entitled to under the NES. 59.4 . Earlier periods of service For earlier periods of service to count there must be no breaks between the periods of service, except where: (a) The : the break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or (b) The or the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922. 59.5 . Service for redundancy benefits purposes Subject to clause 59.457.1, and having regard to clauses 59.1 57.1 to 59.3 57.1 and clause 59.857.3, service for redundancy benefit purposes means: (a) Service : service in ACSQHC; (b) Government ; government service as defined in section 10 of the LSL Act; Long Service Leave (cCommonwealth Employees) Service Act 1976; service with the Commonwealth (other than service with a Joint Commonwealth/State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; (d) Service ; service with the ADF; (e) ; APS service immediately preceding deemed resignation under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922, if the service has not previously been recognised for redundancy pay purposes; and (f) Service and service in another organisation where an employee was transferred from the APS to that organisation with a transfer of function; or an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the APS and such service is recognised for long service leave purposes. 59.6 . Service not to count Having regard to clause 59.557.1, any period of service which ceased: (a) Through : through termination on the following grounds, or on a ground equivalent to any of the following grounds i. The grounds the employee lacks, or has lost, an essential qualification for performing the employee’s duties; or ii. Nonor non-performance, or unsatisfactory performance, of duties; or iii. Inability or inability to perform duties because of physical or mental incapacity; or iv. Failure or failure to satisfactorily complete an entry level training course; or v. Failure or failure to meet a condition of the employee’s engagement; or vi. A or a breach of the Code of Conduct; or (b) On or on a ground equivalent to a ground listed in subparagraph (a) above under the repealed Public Service Act 1922; or (c) Through or through voluntary retrenchment at or above the minimum retiring age applicable to the employee; or (d) With or with the payment of a redundancy benefit or similar payment or an employer- employer-financed retirement benefit will not count as service for redundancy benefit purposes. 59.7 . Absences from work which do not count as service for any purpose will not count as service for redundancy benefit purposes.. Redundancy benefit – rate of payment For the purpose of calculating any payment under this clause, salary will include: the employee's salary; or the salary of the higher position, where the employee has performed duties at the higher level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of retrenchment; and other allowances in the nature of salary which are paid during periods of annual leave and on a regular basis, excluding allowances which are a reimbursement for expenses incurred, or a payment for disabilities associated with the performance of duty. Involuntary retrenchment

Redundancy benefit. 59.1 57.1 Where an employee accepts an offer of voluntary retrenchment and the CEO terminates the employee’s employment, the employee is entitled to be paid a redundancy benefit of a sum equal to two week’s salary for each completed year of service, plus a pro-rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the NES. 59.2 57.2 The minimum sum payable will be four week’s salary and the maximum will be 48 week’s salary.. Part-time service‌ 59.3 57.3 The redundancy benefit will be calculated on a pro-rata basis for any period where an employee has worked part-time hours during the employee’s period of service and the employee has less than 24 years full-time service, subject to any minimum amount the employee is entitled to under the NES. 59.4 57.4 For earlier periods of service to count there must be no breaks between the periods of service, except where: (a) The the break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or (b) The the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922. 59.5 57.5 Subject to clause 59.457.4, and having regard to clauses 59.1 57.1 to 59.3 57.3 and clause 59.857.8, service for redundancy benefit purposes means: (a) Service service in ACSQHC; (b) Government government service as defined in section 10 of the LSL ActLong Service Leave (Commonwealth Employees) Act 1976; (c) Service service with the Commonwealth (other than service with a Joint Commonwealth/State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; (d) Service service with the ADF; (e) APS service immediately preceding deemed resignation under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922, if the service has not previously been recognised for redundancy pay purposes; and (f) Service service in another organisation where an employee was transferred from the APS to that organisation with a transfer of function; or an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the APS and such service is recognised for long service leave purposes. 59.6 . 57.6 Having regard to clause 59.557.5, any period of service which ceased: (a) Through through termination on the following grounds, or on a ground equivalent to any of the following grounds i. The the employee lacks, or has lost, an essential qualification for performing the employee’s duties; or ii. Nonnon-performance, or unsatisfactory performance, of duties; or iii. Inability inability to perform duties because of physical or mental incapacity; or iv. Failure failure to satisfactorily complete an entry level training course; or v. Failure failure to meet a condition of the employee’s engagement; or vi. A a breach of the Code of Conduct; or (b) On on a ground equivalent to a ground listed in subparagraph (a) above under the repealed Public Service Act 1922; or (c) Through through voluntary retrenchment at or above the minimum retiring age applicable to the employee; or (d) With with the payment of a redundancy benefit or similar payment or an employer- financed retirement benefit will not count as service for redundancy benefit purposes. 59.7 Absences from work which do not count as service for any purpose will not count as service for redundancy benefit purposes.