AN150038 – Clerks (Retail Industry) Award

CLAUSE 4.4 TERMINATION OF EMPLOYMENT
OPDATE 12:03:2004 on and from

4.4.1 Notice of termination by employer

4.4.1.1 In order to terminate the employment of an employee the employer will give the employee the following notice:

Not more than 1 year At least 1 week More than 1 year but not more than 3 years At least 2 weeks More than 3 years but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks

4.4.1.2 In addition to the notice in 4.4.1.1 employees, over 45 years of age at the time of the giving of notice, with not less than 2 years continuous service are entitled to additional notice of one week.

4.4.1.3 Payment at the ordinary rate of pay, in lieu of the notice prescribed in 4.4.1.1 and/or 4.4.1.2 and/or 4.5.4, must be made if the appropriate notice period is not given. Employment may be terminated by part of the period of notice specified and part payment in lieu.

4.4.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employees employment not been terminated, will be used.

4.4.1.5 The period of notice in this clause does not apply in the case of:

(a) dismissal for conduct that at common law justifies instant dismissal;

(b) casual employees;

(c) employees engaged for a specific period of time; or

(d) employees employed for a specific task or tasks.

4.4.2 Time off during notice period

Where an employer has given notice of termination to an employee, the employee is entitled to up to 1 day of time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee, after consultation with the employer.

4.4.3 Statement of employment

At the employees request, the employer must provide to an employee whose employment has been terminated a written statement specifying the period of the employees employment and the classification of, or the type of, work performed by the employee.

4.4.4 Payment in lieu

If an employer makes payment in lieu for all or any of the period of notice prescribed, the period for which such payment is made must be treated as service with the employer for the purpose of computing any service related entitlement of the employee.

4.4.5 Notice of termination By employee

In order to terminate employment an employee will give the employer the following notice:

Not more than 1 year At least 1 week
More than 1 year At least 2 weeks

or forfeit the wages appropriate to the notice period.