AN120484 – Saddlery, Leather, Canvas and Plastic Material Workers' (State) Award
(a) Except as to casual employees, employment shall be terminable on either side by the required notice (as set out in subclause (c) of this clause) given at any time during the week, provided that during the first week of service the employment may be terminated by either party giving one day's notice. Such day's notice is to take effect at the ordinary ceasing time on the day such notice is given if such notice is given within two hours of the ordinary commencing time that day, or earlier. Where the required notice is not given, the employer shall pay wages in lieu of the required notice or the employee shall forfeit wages in lieu of the required notice, which may be deducted from any moneys due to the employee. At the time of engagement an employee shall be informed as to whether he is engaged either as a weekly or a casual employee.
(b) This shall not affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct, and in such cases wages shall be paid up to the time of dismissal only or to deduct payment for any day or shift any employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.
(c) Termination of Employment -
(i) Notice of termination by employer
(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:
Period of continuous Service |
Period of notice |
1 year or less |
1 week |
1 year and up to the completion of 3 years |
2 weeks |
3 years and up to the completion of 5 years |
3 weeks |
5 years and over |
4 weeks |
(2) In addition to the notice in subparagraph (1) of this paragraph, 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 week's notice.
(3) Payment in lieu of the notice prescribed in subparagraphs (1) and/or (2) of this paragraph shall 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) 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 his or her employment not been terminated shall be used.
(5) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specified period of time or for a specific task or tasks.
(6) For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by subclause (k), Calculation of Service, of clause 18, Annual Leave, of this award.
(ii) 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, save and except that there shall be no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.
(iii) Time Off During Notice Period - Where an employer has given notice of termination 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 the times that are convenient to the employee after consultation with the employer.
(iv) Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee.
(v) Summary Dismissal - Notwithstanding the provisions of subparagraph (1) of paragraph (i) of this subclause the employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases the wages shall be paid up to the time of dismissal only.
(vi) Unfair Dismissals - Termination of employment by an employer shall not be harsh, unjust or unreasonable. For the purpose of this clause, termination of employment shall include terminations with or without notice. Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the grounds of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.
