AN140196 – Off-Shore Island Resorts Award - State 2005
4.7.1 Termination by the employer
(a) In order to terminate the employment of an employee the employer shall give the following notice:
Period of Continuous Service |
Period of Notice |
not more than one year |
1 week |
more than one 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 clause 4.7.1(a), employees over 45 years of age at the time of giving of notice and with not less than 2 years' continuous service, shall be entitles 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) The period of notice in this subclause shall not apply to casual employees nor in the case of dismissal for misconduct (including dishonesty, intoxication or wilful disobedience) or other grounds that justify instant dismissal.
4.7.2 Notice of termination by employee
(a) 2 days' notice of termination is required to be given by the employee to the employer.
(b) 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 for the period of notice.
4.7.3 Casual employees
No notice is required to be given by the employer or the employee to terminate the hourly contract of employment of a casual employee.