AN120152 – Community Pharmacy (State) Award 2001

PART 4 - EMPLOYER AND EMPLOYEE’S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 

9. TERMINATION OF EMPLOYMENT

9.1 Notice of termination by Employer

9.1.1 In order to terminate the employment of a full-time or part-time employee the employer shall give to the employee the period of notice specified below.

(a) A pharmacist manager shall receive four weeks notice; or

(b) Any other employee shall receive:

Period of Continuous Service	Period of Notice
More than one month but less than one year	One week
One year but less than three years	Two weeks
Three years but less than five years	Three weeks
Five years and over	Four weeks

9.1.2 In addition to the notice in paragraph 9.1.1 hereof, 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 weeks’ notice.

9.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

9.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time that would have been worked during the period of notice had the employment not been terminated, shall be used.

9.1.5 The period of notice in this clause, shall not apply in the first month of service or in the case of casual employees.

9.2 Notice of Termination by Employee

9.2.1 The notice of termination, required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

9.2.2 If an employee fails to give notice, the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

9.3 Time off Work during the Period of Notice

Where an employer has given notice of termination to an employee, the employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.