AN120185 – Draughting Employees, Planners, Technical Employees, &c (State) Award
Summary
This clause describes certain rights and obligations of both employer and employees in circumstances where employment is terminated.
4.3.1 Notice of Termination by Employer
4.3.1(a) In order to terminate the employment of an employee the employer must give to the employee the following notice:
Period of Service |
Period of Notice |
1 year or less |
l week |
1 year and up to thecompletion of 3 years |
2 weeks |
3 years and up to the completion of 5 years |
3 weeks |
5 years and over |
4 weeks |
4.3.1(b) In addition to the notice in 4.3.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years service, are entitled to an additional week's notice.
4.3.1(c) Payment in lieu of the notice prescribed in 4.3.1(a) and (b) must 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.
4.3.1(d) In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice, had their employment not been terminated, must be used.
4.3.1(e) The period of notice in this clause does not apply in the case of dismissal for serious misconduct, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.
4.3.1(f) For the purposes of this clause, service shall be calculated in the manner prescribed by subclause 7.3.5 - Year of Service.
4.3.2 Notice of Termination by Employee
The notice of termination required to be given by an employee shall be the same as that required of an employer, except that there is no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer has the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
4.3.3 Summary Dismissal
The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.
4.3.4 Time off during notice period
Where an employer has given notice to an employee, an 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.
4.3.5 Certificate of Service
Upon termination of employment, the employer, when requested by the employee, shall provide him with a certificate of service stating length of service, duties performed and classification of office.
