Common use of Termination with Notice Clause in Contracts

Termination with Notice. (i) The Employer may lawfully terminate the employment of the Employee by providing the following notice: Period of continuous service Period of notice In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice. Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (ii) Lawful termination with notice may occur for a number of reasons and is subject to the circumstances at the time. Reason for termination with notice may include but is not limited to: excessive taking of sick leave, propensity to cause problems in the workplace, continuous disruptive behaviour, unsatisfactory work performance The Employer may, at its discretion, pay the Employee the equivalent salary in lieu of the required notice. (iii) If the Employee is absent from work as a result of injury or illness (not related to his/her employment) for a period of three (3) consecutive months or for an aggregate period of three (3) months in any 12 twelve (12) consecutive months, the Employer may terminate his/her employment upon the giving of notice or the payment of salary in lieu of notice based on the absence no longer being deemed as “temporary”. (iv) Once an employee chooses to resign, a period of two weeks notice shall apply, unless stated otherwise within the Employee’s common law contract of employment. Upon resignation, if the Employee provides notice which is less than that required, then the Employer will be entitled to deduct from or set off against salary and other entitlements owing to the Employee such amount as is equivalent to the salary and other entitlements which would otherwise have been payable to the Employee during the balance of the required notice period.

Appears in 5 contracts

Samples: Employer Greenfield Agreement, Employee Collective Agreement, Employee Collective Agreement

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Termination with Notice. (i) The Employer may lawfully terminate the employment of the a permanent Employee by providing the following notice: Period of continuous service Period of notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice. Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. Notwithstanding, where an employee is a casual employee, the period of notice shall be one shift only. (ii) Lawful termination with notice may occur for a number of reasons and is subject to the circumstances at the time. Reason for termination with notice may include but is not limited to: an employee’s inability to perform the inherent requirements of the job for which they were employed, excessive taking of sick leave, propensity to cause problems in the workplace, continuous disruptive behaviour, unsatisfactory work performance The Employer may, at its discretion, pay the Employee the equivalent salary in lieu of the required notice.performance (iii) If the Employee is absent from work as a result of injury or illness (not related to his/her employment) for a period of three (3) consecutive months or for an aggregate period of three (3) months in any 12 twelve (12) consecutive months, the Employer may lawfully terminate his/her such employee’s employment upon the giving of notice or the payment of salary in lieu of notice based on the absence no longer being deemed as “temporary” or the employee being unable to perform the inherent requirements of the job for which they were employed. (iv) Once Except during a period of probation, where an employee chooses to resign, a period of two weeks notice shall apply, unless stated otherwise within the Employee’s common law contract of employment. Upon resignation, if the Employee provides notice which is less than that required, then the Employer will be entitled to deduct from or set off against salary and other entitlements owing to the Employee such amount as is equivalent to the salary and other entitlements which would otherwise have been payable to the Employee during the balance of the required notice period.

Appears in 1 contract

Samples: Collective Agreement

Termination with Notice. (i) The Employer may lawfully terminate the employment of the a permanent Employee by providing the following notice: Period of continuous service Period of notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice. Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. Notwithstanding, where an employee is a casual employee, the period of notice shall be one shift only. (ii) Lawful termination with notice may occur for a number of reasons and is subject to the circumstances at the time. Reason for termination with notice may include but is not limited to: an employee’s inability to perform the inherent requirements of the job for which they were employed, excessive taking of sick leave, propensity to cause problems in the workplace, continuous disruptive behaviour, unsatisfactory work performance The Employer may, at its discretion, pay the Employee the equivalent salary in lieu of the required notice.performance (iii) If the Employee is absent from work as a result of injury or illness (not due to a work related to his/her employmentinjury) for a period of three (3) consecutive months or for an aggregate period of three (3) months in any 12 twelve (12) consecutive months, the Employer may lawfully terminate his/her such employee’s employment upon the giving of notice or the payment of salary in lieu of notice based on the absence no longer being deemed as “temporary” or the employee being unable to perform the inherent requirements of the job for which they were employed. (iv) Once Except during a period of probation where only one week’s notice by either party shall apply, where an employee chooses to resign, a period of two weeks notice shall apply, unless stated otherwise within the Employee’s common law contract of employment. Upon resignation, if the Employee provides notice which is less than that required, then the Employer will be entitled to deduct from or set off against salary and other entitlements owing to the Employee such amount as is equivalent to the salary and other entitlements which would otherwise have been payable to the Employee during the balance of the required notice period.

Appears in 1 contract

Samples: Employer Greenfields Agreement

Termination with Notice. (i) The Employer may lawfully terminate the employment of the Employee by providing the following notice: Period of continuous service Period of notice In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice. Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (ii) Lawful termination with notice may occur for a number of reasons and is subject to the circumstances at the time. Reason for termination with notice may include but is not limited to: excessive taking of sick leave, propensity to cause problems in the workplace, continuous disruptive behaviour, and unsatisfactory work performance The Employer may, at its discretion, pay the Employee the equivalent salary in lieu of the required notice. (iii) If the Employee is absent from work as a result of injury or illness (not related to his/her employment) for a period of three (3) consecutive months or for an aggregate period of three (3) months in any 12 twelve (12) consecutive months, the Employer may terminate his/her employment upon the giving of notice or the payment of salary in lieu of notice based on the absence no longer being deemed as “temporary”. (iv) Once an employee chooses to resign, a period of two weeks notice shall apply, unless stated otherwise within the Employee’s common law contract of employment. Upon resignation, if the Employee provides notice which is less than that required, then the Employer will be entitled to deduct from or set off against salary and other entitlements owing to the Employee such amount as is equivalent to the salary and other entitlements which would otherwise have been payable to the Employee during the balance of the required notice period.

Appears in 1 contract

Samples: Employer Greenfield Agreement

Termination with Notice. (i) The Employer may lawfully terminate the employment of the a permanent Employee by providing the following notice: Period of continuous service Period of notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice. Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. Notwithstanding, where an employee is a casual employee, the period of notice shall be one shift only. (ii) Lawful termination with notice may occur for a number of reasons and is subject to the circumstances at the time. Reason for termination with notice may include but is not limited to: an employee’s inability to perform the inherent requirements of the job for which they were employed, excessive taking of sick leave, propensity to cause problems unacceptable behaviour in the workplace, continuous disruptive behaviour, unsatisfactory work performance The Employer may, at its discretion, pay the Employee the equivalent salary in lieu of the required notice. (iii) If the Employee is absent from work as a result of injury or illness on leave without pay (not related to his/her employment) for a period of three (3) consecutive months or for an aggregate period of three (3) months in any 12 twelve (12) consecutive months, the Employer may lawfully terminate his/her such employee’s employment upon the giving of notice or the payment of salary in lieu of notice based on the absence no longer being deemed as “temporary” or the employee being unable to perform the inherent requirements of the job for which they were employed. (iv) Once an Where a permanent employee chooses to resignresign within the first year of their employment, a period of one week’s notice shall be required. Thereafter a period of two weeks notice shall apply, unless stated otherwise within the Employee’s common law contract of employment. Upon resignation, if the Employee provides notice which is less than that required, then the Employer will be entitled to deduct from or off-set off against salary and other entitlements owing to the Employee Employee, such amount as is equivalent to the salary and other entitlements which would otherwise have been payable to the Employee during the balance of the required notice period.

Appears in 1 contract

Samples: Union Collective Agreement

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Termination with Notice. (i) The Employer may lawfully terminate the employment of the a permanent Employee by providing the following notice: Period of continuous service Period of notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice. Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (ii) Lawful termination with notice may occur for a number of reasons and is subject to the circumstances at the time. Reason for termination with notice may include but is not limited to: excessive taking of sick leave, propensity to cause problems in the workplace, continuous disruptive behaviour, unsatisfactory work performance The Employer may, at its discretion, pay the Employee the equivalent salary in lieu of the required notice. (iii) If the Employee is absent from work as a result of injury or illness (not related to his/her employment) for a period of three (3) consecutive months or for an aggregate period of three (3) months in any 12 twelve (12) consecutive months, the Employer may terminate his/her employment upon the giving of notice or the payment of salary in lieu of notice based on the absence no longer being deemed as “temporary”. (iviii) Once an a permanent employee chooses to resign, a period of two weeks notice shall apply, unless stated otherwise within the Employee’s common law contract Letter of employmentEmployment. Upon resignation, if the Employee provides notice which is less than that required, then the Employer will be entitled to deduct from or set off against salary and other entitlements owing to the Employee such amount as is equivalent to the salary and other entitlements which would otherwise have been payable to the Employee during the balance of the required notice period.

Appears in 1 contract

Samples: Collective Agreement

Termination with Notice. (i) The Employer may lawfully terminate the employment of the permanent Employee by providing 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 In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week's notice. Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (ii) Lawful termination with notice may occur for a number of reasons and is subject to the circumstances at the time. Reason for termination with notice may include but is not limited to: excessive taking of sick leave, propensity to cause problems in the workplace, continuous disruptive behaviour, unsatisfactory work performance The Employer may, at its discretion, pay the Employee the equivalent salary in lieu of the required notice. (iii) If the Employee is absent from work as a result of injury or illness (not related to his/her employment) for a period of three (3) consecutive months or for an aggregate period of three (3) months in any 12 twelve (12) consecutive months, the Employer may terminate his/her employment upon the giving of notice or the payment of salary in lieu of notice based on the absence no longer being deemed as “temporary”. (iviii) Once an a permanent employee chooses to resign, a period of two weeks notice shall apply, unless stated otherwise within the Employee’s common law contract of employmentwritten Employment Contract. Upon resignation, if the Employee provides notice which is less than that required, then the Employer will be entitled to deduct from or set off against salary and other entitlements owing to the Employee such amount as is equivalent to the salary and other entitlements which would otherwise have been payable to the Employee during the balance of the required notice period.

Appears in 1 contract

Samples: Employer Greenfields Collective Agreement

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