AN140064 – Clerical Award - Hotels, Resorts and Certain Other Licensed Premises - State (South East Queensland) 2002
4.10 TERMINATION OF EMPLOYMENT
4.10.1 Statement of employment
An employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.
4.10.2 Termination by employer
(a) An employer may dismiss an employee only if the employee has been given the following notice:
Period of Continuous Service |
Period of Notice |
Not more than 1 year |
1 week |
More than 1 year but not more than 3 years |
2 weeks |
More than 3 years but not more than 5 years |
3 weeks |
More than 5 years |
4 weeks |
(b) In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.
(c) Payment in lieu of notice shall be made if the appropriate notice is not given:
Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
4.10.3 Notice of termination by employee
The notice of termination required to be given by an employee shall be 2 days where the employee has been engaged by the employer for up to one year, and one week where the employee's length of service with the employer exceeds one year. 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 one week.
4.10.4 Payment of all monies owing on termination
Where the employee has worked the notice period (regardless of whether the employer or the employee gave the notice) the employer must pay all monies due to the employee at least by the time the employee ceases duty. If the employer and the employee agree, the employer may make payment into an electronic funds transfer account on the next normal pay day following the employee's final day of service.
4.10.5 Time off during notice period
During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. This time off shall be taken at times that are convenient to the employee after consultation with the employer.
