AN120537 – Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006
15.1 Period of Notice
The employment of any teacher (other than a casual teacher) shall not be terminated without at least four school term weeks notice on either side, or the payment of, or forfeiture of, four weeks’ salary in lieu of notice. Provided that such four weeks’ notice shall expire within the school term during which it is given and shall expire either:
(a) at the end of the said school term; or
(b) at least two weeks before the end of the said school term.
15.2 Summary Dismissal
The foregoing shall not affect the right of the employer to dismiss summarily any teacher for incompetence, misrepresentation, neglect of duty or other misconduct.
15.3 Payment on Termination
A full-time, part-time or temporary teacher shall be entitled on termination of employment to a payment calculated in accordance with this clause which will apply:
(a) in lieu of the corresponding provisions of the Annual Holidays Act, 1944; and
(b) notwithstanding any other provisions in this award.
15.4 Calculation of Payments
(a) A payment made pursuant to this clause to a teacher whose teaching hours have remained constant during the school year in which the termination is effective shall be calculated in accordance with the following formula:
Step 1 |
A x B |
= D |
C |
||
Step 2 |
D - E |
= F |
Step 3 |
F x G |
= H |
2 |
where:
A = The number of term weeks worked by the teacher since the school service date
B = The number of non-term weeks in the school year
C = The number of term weeks in the school year
D = Result in weeks
E = The number of non-term weeks worked by the teacher since the school service date
F = Result in weeks
G = Teachers current fortnightly salary
H = Amount Due
(b) A payment made pursuant to this clause to a teacher whose teaching hours have varied during the course of the school year in which the termination is effective shall be calculated in accordance with the following formula:
Step 1 |
A - B |
= C |
Step 2 |
C x D |
= F |
E |
||
Step 3 |
F - B |
= G |
where:
A = Total salary paid to the teacher since the school service date
B = Salary paid to the teacher in respect of non-terms weeks since the school service date
C = Salary paid to the teacher in respect of term weeks since the school service date
D = The total number of non-term weeks in the school year
E = The total number of term weeks in the school year
F = Result in dollars
G = Amount Due
15.5 Statement of Service
Refer to sub-clauses 3.7 and 3.8 of clause 3, Terms of Engagement.
