AP785611 - Journalists (Television) Award 1998
12.1 Subject to this clause, employment shall not be terminated by either the employer or the member except by notice of the following periods:
12.1.1 In the first 26 weeks of service - one week.
12.1.2 After 26 weeks of service:
Grade 5, 6, 7 and 8 members - twelve weeks.
Grade 3 and 4 members - eight weeks.
Grade 1 and 2 members - four weeks.
Cadets - 2 weeks.
12.2 Subject to the provisions of subclause 12.4, an employer who terminates the employment of a member otherwise than by notice as prescribed in subclause 12.1 shall pay to the member an amount equal to his or her salary for the appropriate number of weeks notice of termination.
12.3 A member who terminates his or her employment otherwise than in accordance with subclause 12.1 shall forfeit any salary which may be due to him or her.
12.4 Notwithstanding the provisions of subclause 12.1, the employer shall have the right to dismiss a member without notice for refusal of duty, wilful and serious neglect of duty, disobedience of instructions of orders, or misconduct, and in such cases the salary shall be payable up to the time of dismissal.
12.5 If a television news service or current affairs program ceases, the employer shall give members four weeks notice of termination of their employment in addition to that provided in subclause 12.1. In default members shall receive payment of four weeks salary in lieu of notice. Payment in lieu of such notice shall be made from week to week and shall:
12.5.1 Cease if and when a member whose employment has been so terminated secures other employment in the same city or town at the rate not less than that paid to him or her immediately before the termination.
12.5.2 Be proportionately reduced if and when a member whose employment has been so terminated secures other employment in the same city or town at a rate lower than that paid to him or her immediately before the termination.
12.5.3 Cease if and when a member whose employment has been so terminated secures other employment in another city or town at a rate not less than that paid to him or her immediately before the termination and when the personal travelling expenses to the city or town in which he or she has obtained employment have been paid by his or her former employer.
12.5.4 Be proportionately reduced if and when a member whose employment has been so terminated secures other employment in another city or town at a rate less than that paid to him or her immediately before the termination and when the personal travelling expenses to the city or town in which he or she has obtained employment have been paid by his or her former employer.
12.6 The periods of notice in this clause shall not run concurrently with any part of the period of annual leave provided in clause 22 Annual leave.
