AN120387 – Nursing Homes, &C., Nurses' (State) Award
(i) Except for misconduct justifying summary dismissal, the services of an employee shall be terminated only by notice as prescribed by the Australian Workplace Relations Act 1996 (Commonwealth) or by the payment of salary in lieu thereof in the case of an employee other than a Director of Nursing and by 28 days notice or as prescribed by the Australian Workplace Relations Act 1996 (Commonwealth), whichever is the greater, or by the payment of salary in lieu thereof in the case of a Director of Nursing, except that where the employment of a Director of Nursing is terminated within 13 weeks of her/his engagement, there shall be given 14 days notice or the payment of 14 days salary in lieu thereof.
(ii) No employee shall, without the consent of the employer, resign without having given seven days' notice (or, in the case of a Director of Nursing, 28 days' notice) of the intention so to do or forfeiting salary earned during the pay period current at the time of resignation; provided that in no circumstances shall the employee other than the Director of Nursing forfeit more than seven days' pay and the Director of Nursing more than 28 days' pay at the rates prescribed for his or her classification by clause 6, Salaries.
(iii) Upon the termination of the services of an employee, the employer shall furnish the employee with a written statement, duly signed by or on behalf of the employer, setting out the period of the employment and the capacity in which the employee was employed. In addition, an employer shall provide to Assistants in Nursing a statement of in-service training and/or education which the employee has undertaken.
(iv) Employees who have accrued additional days off duty pursuant to subclause (vii) of clause 2, Hours of Work and Free Time of Employees Other Than Directors of Nursing, shall be paid for such accrued time as ordinary rate of pay upon termination.
