AN120118 – Charitable, Aged and Disability Care Services (State) Award
(i) Employment, other than of a casual, will be terminated only by appropriate notice on either side or by the payment by the employer or forfeiture by the employee of wages in lieu of notice. Provided that employment may be terminated by part of the period of notice specified, and part payment or forfeiture, in lieu of the period of notice specified.
(ii) Notice of termination by employer -
(a)
(1)
Period of Continuous Service |
Minimum 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 |
(2) A Care Service Employee Grade 4 who has responsibility for the overall management of a facility and a Care Service Employee Grade 5 shall be entitled to four weeks notice.
(b) Employees aged 45 years or older will be entitled to an additional one weeks notice in the following circumstances:
(1) On completion of at least five years continuous service, for Care Service Employees Grade 4 who have responsibility for the overall management of a facility, and Care Service Employees Grade 5; and
(2) On completion of at least two years continuous service for all other employees other than casuals.
(c) Casuals are to be given notice to the end of the current shift worked.
(iii) Notice by Employee -
(a) Subject to sub-clauses (iii) (b) and (c) of this clause, employees shall give the employer one weeks notice of termination in writing.
(b) A Care Service Employee Grade 4 who has responsibility for the overall management of a facility and a Care Service Employee Grade 5 shall give four (4) weeks notice of termination in writing.
(c) Casuals shall only be required to give notice to the end of the current shift worked.
(iv) The employer may, without notice, summarily dismiss an employee at any time for misconduct or wilful disobedience. Payment is up to the time of dismissal only. Serious misconduct is where it would be unreasonable to require the employer to continue the employment during a notice period.
(v) The employer will give the employee a statement signed by the employer stating the period of employment and when the employment was terminated if the employee requests.
(vi) Abandonment of Employment -
(a) Where an employee is absent from work for a continuous period of two working days without the consent of the employer, and without notification to the employer, the employer shall be entitled to inform the employee by written correspondence that unless the employee provides a satisfactory explanation for her/his absence within two days of the receipt of such a request, the employee will be considered to have abandoned employment.
