Termination of Employment and Redundancy. (a) Notice of Termination by Employer
(i) In order to terminate the employment of an employee (other than a casual employee) the employer shall give the employee the following notice: Period of Continuous Service Period of Notice Not more than 1 year 1 week 1 year but less than 3 years 2 weeks 3 years but less than 5 years 3 weeks 5 years and over 4 weeks
(ii) In addition to the notice in this clause, an employee who at the time of being given notice is over 45 years of age and has competed two years continuous service, shall be entitled to an additional weeks’ notice to the notice prescribed above.
(iii) Payment in lieu of notice prescribed above shall be made if the appropriate notice is not given. Provided that employment may be terminated by part of the period of notice and part payment in lieu thereof.
(iv) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated shall be used.
(v) 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. For the purpose of this Agreement continuity of service shall not be broken on account of:
(i) Any absence from work on account of personal sickness or accident for which an employee is entitled to claim sick pay as prescribed by this Agreement or on account of leave lawfully granted by the employer.
(ii) Any absence of reasonable cause, proof of which shall be on the employee. Provided that in the calculation of continuous service under this Agreement, any time in respect of which an employee is absent from work, (except for authorised absences from work for which employee has an entitlement to be paid), shall not count as time worked.
Termination of Employment and Redundancy. 17.1 In the case of Full-time Employees and Part-time Employees:
(a) Subject to clause 17.4, the Company may terminate the contract of employment by giving notice in writing to an Employee in accordance with the following table, or by payment in lieu of such notice: Period of continuous service Period of notice 1 year or less 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 clause 17.1(a), where the Company is terminating the contract of employment, the Company must give an additional week’s notice to an Employee who is over 45 years of age at the time the notice is given and who has completed at least 2 years of continuous service.
(c) The Employee may terminate the contract of employment by giving the Company 4 weeks’ written notice (or such greater period as required by their employment contract, if any) or, where the Company agrees, by forfeiting 4 weeks’ wages in lieu of such notice (or such greater amount as required by their employment contract, if any).
17.2 The employment of a Casual Employee may be terminated at any time without notice.
17.3 Payment in lieu of notice will be calculated on the basis of the wages an Employee would have received if they had worked the notice period.
17.4 The Company may dismiss an Employee without notice for serious misconduct. In such circumstances, payment will be up to the time of dismissal only and no notice is payable.
17.5 At the time of calculation of the final termination payment:
(a) any monies paid by the Company in advance of work being performed; and/or
(b) the amount referred to in clause 15.3(c) (if applicable) may be deducted from any accrued entitlement held by the Company on behalf of the Employee.
17.6 The Company will, upon receipt of a request from an Employee whose employment has been terminated, give the Employee a written statement specifying the period of his or her employment and the type of work performed by the Employee.
17.7 The absence of an Employee from work for a continuous period exceeding 5 working days without reasonable excuse has abandoned his or her employment.
17.8 Redundancy payments and conditions shall be as per the Company’s policy as amended from time to time.
17.9 Despite clause 17.8:
(a) Where an Employee’s position is made redundant and the Employee is offered comparable alternative employment, the Company is not required to make a redundancy payment t...
Termination of Employment and Redundancy. 12.1 It is the Enterprise’s prerogative to determine the order or selection of employee/s for termination or redundancy subject always to the following:
12.1.1 All relevant legislation governing unfair dismissal, discrimination, etc. will be observed;
12.1.2 The ability of employees - within classifications, experience or skills held - be considered by the enterprise in selecting employees for redundancy;
Termination of Employment and Redundancy. 7.1 The provisions set out in Schedule A will apply in addition to the provisions in the Workplace Relations Act 1996 in relation to termination of employment. Such Schedule shall form part of this Agreement.
7.2 The provisions set out in Schedule B will apply in addition to the provisions in the Workplace Relations Act 1996 in relation to redundancy. Such Schedule shall form part of this Agreement.
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