Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks (b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice. (c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of: (i) the ordinary working hours to be worked by the employee; and (ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and (iii) any other amounts payable under the employee's employment contract. (e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 7 contracts
Samples: Collective Agreement, Union Collective Agreement, Rinker Australia Brisbane and Gold Coast Quarries Agreement 2006
Termination by Employer. (a) An employer Employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) aboveclause 5.1.2(a), employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause 5.1.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
(f) A casual employee will be entitled to one hour's notice.
(g) Annual leave shall not be deemed to form part of the notice period for the purpose of this provision unless otherwise mutually agreed by the employer and employee.
Appears in 3 contracts
Samples: Workplace Agreement, Workplace Agreement, Workplace Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period ServicePeriod of Notice Not more than 1 year 1 2 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years years. 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) aboveclause 4.6.2(a), employees 45 years old or over and who have completed at least 2 years' ’ continuous service with the employer shall be entitled to an additional week's ’s notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's ’s employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's ’s employment contract.
(e) The period of notice in this clause 4.6.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 2 contracts
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks:
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 2 contracts
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 2 weeks 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 two years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 2 contracts
Samples: Workplace Agreement, Workplace Agreement
Termination by Employer. (a) An The employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not not more than 1 year 1 week More more than 1 year year, but not more than 3 years 2 weeks More more than 3 years years, but not more than 5 years 3 weeks More more than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' ’ continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's ’s employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's ’s employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 2 contracts
Samples: Support Services Certified Agreement, New Farm Clinic Support Services Certified Agreement 2006
Termination by Employer. (a) a. An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) b. In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 two years' continuous service with the employer shall be entitled to an additional week's notice.
(c) c. Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) d. In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the The ordinary working hours to be worked by the employee; and
(ii) the The amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any Any other amounts payable under the employee's employment contract.
(eiv) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Employee Collective Agreement
Termination by Employer. (ai) An employer The Employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(bii) In addition to the notice in (ai) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Employer shall be entitled to an additional week's notice.
(ciii) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(div) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(ia) the ordinary working hours to be worked by the employee; and
(iib) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iiic) any other amounts payable under the employee's employment contract.
(ev) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Certified Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: :
(d) Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(de) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(ef) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Workplace Agreement
Termination by Employer. (a) An The employer may dismiss an a permanent employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year (excludes Probationers) 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) of the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Employee Collective Agreement
Termination by Employer. (ai) An employer The Employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(bii) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Employer shall be entitled to an additional week's notice.
(ciii) Payment in lieu of notice shall be made if the appropriate notice is not given: :
(iv) Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(dv) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) a. the ordinary working hours to be worked by the employee; and
(ii) b. the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) c. any other amounts payable under the employee's employment contract.
(evi) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer The Company may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year yr 1 week More than 1 year yr but not more than 3 years yrs 2 weeks More than 3 years yrs but not more than 5 years yrs 3 weeks More than 5 years yrs 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Company shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided given provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Company would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of of:
(i) dismissal for misconduct or other grounds that justify instant dismissal, or ; or
(ii) in the case of a casual employee, or ; or
(iii) an employee engaged by the hour or day, or ; or
(iv) in the case of a probationary employee; or
(v) an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (a) An employer The Employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Employee Collective Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (a) An employer The Company may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 than5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 two years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at beat least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Employee Collective Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following noticenotice in writing: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer may dismiss In order to terminate the employment of an employee only if the employee has been given employer shall give the following notice: Period of Continuous Service Period of Notice Not more than 1 one year 1 One week More than 1 year one year, but not more than 3 three years 2 Two weeks More than 3 years three years, but not more than 5 five years 3 Three weeks More than 5 five years 4 weeksFour weeks Provided that the notice shall be continued from week to week and that it shall not be counted as annual leave.
(b) In addition to the notice in (a) aboveclause 2.1.2(a), employees over 45 years old or over of age at the time of giving of notice and who have completed at least 2 with not less than two years' continuous service with the employer service, shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment . Employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be Compensation must at least equal the total of the amounts amount the employer would have been liable to pay the employee if the employee's employees employment had continued until the end of the required notice period. The total must be worked out calculated on the basis of:
(i) the ordinary working hours to be worked by time rate of pay for the employee; and
(ii) the amounts payable to the employee for the hours hours, including (for example example) allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contractcontract of employment.
(e) The period of notice in this clause 2.1.2(a) shall not apply in the case of dismissal for serious misconduct as defined by the Fair Work Xxx 0000 or other grounds that justify instant dismissal, or in the case of a casual employeeseasonal employees, or an employee engaged by the hour or dayto employees on daily hire, or an employee employees engaged for a specific period of time or for a specific task or tasks.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 two years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Employee Collective Agreement
Termination by Employer. (a) An employer The Employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: .
(d) Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(de) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) i. the ordinary working hours to be worked by the employee; and
(ii) . the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) . any other amounts payable under the employee's employment contract
(f) The period of notice will not include any period of annual leave, R & R or RDOs.
(eg) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 2 weeks 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' ’ continuous service with the employer shall be entitled to an additional week's ’s notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's ’s employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's ’s employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Union Collective Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week 2 weeks More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (ai) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(bii) In addition to the notice in (ai) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(ciii) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(div) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) a. the ordinary working hours to be worked by the employee; and
(ii) b. the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) c. any other amounts payable under the employee's employment contract.
(ev) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (a) An employer Employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) aboveclause 4.5.2(a), employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause 4.5.2(a) shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
(f) A casual employee will be entitled to one hour's notice.
(g) Annual leave shall not be deemed to form part of the notice period for the purpose of this provision unless otherwise mutually agreed by the employer and employee.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: :
(d) Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(de) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(ef) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Workplace Agreement
Termination by Employer. (a) An The employer may dismiss an employee only if the employee has been given by giving the following notice: Period of Continuous Service Period of Notice Not Up to not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) aboveclause 3.7.2(a), employees 45 years old or over and who have completed at least 2 years' ’ continuous service with the employer shall be entitled to an additional week's ’s notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's ’s employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and;
(ii) the amounts payable to the employee for the hours including for example allowances, loadings loadings, and penalties; and
(iii) any other amounts payable under the employee's ’s employment contract.
(e) The period of notice in this clause 3.7.2 shall not apply in the case of following cases: -
i. dismissal for misconduct or other grounds that justify instant dismissal, or in the case of ii a casual employee, or an employee engaged by the hour or day, or iii an employee engaged for a specific period or tasks, or iv where the contract of employment has been terminated through the employee’s abandonment of their employment, or v frustration of the contract of employment.
Appears in 1 contract
Samples: Collective Workplace Agreement
Termination by Employer. (a) An employer may dismiss In order to terminate the employment of an employee only if the employee has been given Employer shall give the following notice: Period of Continuous Service Period of Notice Not not more than 1 year 1 week More more than 1 year year, but not more than 3 years 2 weeks More more than 3 years years, but not more than 5 years 3 weeks More more than 5 years 4 weeksweeks Provided that the notice period shall be continuous from week to week and shall not be counted as annual leave.
(b) In addition to the notice in (a) aboveclause 4.5.2(a), employees over 45 years old or over of age at the time of giving of notice and who have completed at least 2 with not less than two years' continuous service with the employer service, shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment .
(d) Employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(de) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be Compensation must at least equal the total of the amounts amount the employer Employer would have been liable to pay the employee if the employee's employees employment had continued until the end of the required notice period. The total must be worked out calculated on the basis of:
(i) the ordinary working hours to be worked by time rate of pay for the employee; and
(ii) the amounts payable to the employee for the hours hours, including (for example example) allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contractcontract of employment.
(ef) The period of notice in this clause 4.5 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employeeemployees, or an employee engaged by the hour or day, or an employee to employees engaged for a specific period of time or tasksfor a specific task or tasks where specific notice periods are part of their condition of engagement.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week 2 weeks More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks years More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Employee Collective Agreement
Termination by Employer. (a) An employer The Employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks:
(b) In addition to the notice in (a) aboveclause 5.1.2(a), employees 45 years old or over and who have completed at least 2 years' continuous service with the employer Employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause 5.1.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
(f) A casual employee will be entitled to one hour's notice.
(g) Annual leave shall not be deemed to form part of the notice period for the purpose of this provision unless otherwise mutually agreed by the employer and employee.
Appears in 1 contract
Samples: Nurses Workplace Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) aboveclause 4.5.2(a), employees 45 years old or over and who have completed at least 2 years' ’ continuous service with the employer shall be entitled to an additional week's ’s notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's ’s employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's ’s employment contract.
(e) The period of notice in this clause 4.5.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
(f) A casual employee will be entitled to one hour’s notice.
(g) Annual leave shall not be deemed to form part of the notice period for the purpose of this provision.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (a) An employer may dismiss In order to terminate the employment of an employee only if the employee has been given employer shall give the following notice: Period of Continuous Service Period of Notice Not not more than 1 year 1 week More more than 1 year year, but not more than 3 years 2 weeks More more than 3 years years, but not more than 5 years 3 weeks More more than 5 years 4 weeksweeks Provided that the notice shall be continued from week to week and that it shall not be counted as annual leave.
(b) In addition to the notice in (a) aboveclause 4.4.2(a), employees over 45 years old or over of age at the time of giving of notice and who have completed at least with not less than 2 years' continuous service with the employer service, shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment . Employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be Compensation must at least equal the total of the amounts amount the employer would have been liable to pay the employee if the employee's employees employment had continued until the end of the required notice period. The total must be worked out calculated on the basis of:
(i) the ordinary working hours to be worked by time rate of pay for the employee; and
(ii) the amounts payable to the employee for the hours hours, including (for example example) allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contractcontract of employment.
(e) The period of notice in this clause 4.4 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employeeseasonal employees, or an employee engaged by the hour or dayto employees on daily hire, or an employee employees engaged for a specific period of time or for a specific task or tasks.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' ’ continuous service with the employer shall be entitled to an additional week's ’s notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's ’s employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's ’s employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Workplace Agreement
Termination by Employer. (a) 2.7.2.1 An employer Employer may dismiss an employee Employee only if the employee Employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) 2.7.2.2 In addition to the notice in (a) above2.7.2.1, employees Employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall Employer will be entitled to an additional week's notice.
(c) 2.7.2.3 Payment in lieu of notice shall will be made if the appropriate notice is not given: Provided , provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) 2.7.2.4 In calculating any payment in lieu of notice the minimum compensation payable to an employee Employee will be at least the total of the amounts the employer Employer would have been liable to pay the employee Employee if the employeeEmployee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employeeEmployee; and
(ii) the amounts payable to the employee Employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employeeEmployee's employment contract.
(e) 2.7.2.5 The period of notice in this clause shall will not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employeeEmployee, or an employee Employee engaged by the hour or day, or an employee Employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 3 weeks 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Enterprise Agreement
Termination by Employer. (a) An employer The Company may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 two years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Collective Agreement
Termination by Employer. (a) a. An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeksNotice
(b) b. In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 two years' continuous service with the employer shall be entitled to an additional week's notice.
(c) c. Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) d. In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the The ordinary working hours to be worked by the employee; and
(ii) the The amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any Any other amounts payable under the employee's employment contract.
(eiv) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
Appears in 1 contract
Samples: Employment Agreement