AN120187 – Dry Cleaning (State) Award
11.1 Notice of Termination by Employer
11.1.1 In order to terminate the employment of a full-time or regular part-time employee the employer will give to the employee the period of notice specified in the table below:
Period Of Continuous Service |
Period Of Notice |
1 year or less |
1 week |
Over 1 year and up to the completion of 3 years |
2 weeks |
Over 3 years and up to the completion of 5 years |
3 weeks |
over 5 years |
4 weeks |
11.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service are entitled to an additional week’s notice.
11.1.3 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.
11.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.
11.1.5 The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.
11.2 Notice of Termination by An Employee
11.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
11.2.2 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.
11.3 Termination Prior To A Holiday
11.3.1 Where an employer terminates the employment of an employee within fourteen days of the day on which a holiday or holidays occur, and the employee is re-employed within one month after the holiday/s, the employee will be paid for the holiday/s as prescribed by clause 26 - Public Holidays. An employee must be employed for at least one week prior to the termination of employment.
11.3.2 Where an employee is terminated on or after the last working day in November, or within fourteen working days prior to Good Friday, the employee must be paid for the public holidays occurring during the Christmas, New Year period and/or at Easter time. An employee must be employed for a period of three months prior to the termination of employment.
11.4 Time Off During Notice Period
Where an employer has given notice of termination to an employee, an employee will be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with the employer.
