AN150130 – Retail Industry (South Australia) Award

CLAUSE 4.11 TERMINATION OF EMPLOYMENT

4.11.1 Notice of termination by employer

4.11.1.1 In order to terminate the employment of an employee, the employer must give the employee the following notice:

Period of continuous service	Period of 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

4.11.1.2 In addition to the notice in 4.11.1.1, employees over forty-five 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.

4.11.1.3 Payment at the ordinary rate of pay, in lieu of the notice prescribed in 4.11.1.1 and/or 4.11.1.2 and/or 4.12.4, 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.

4.11.1.4 In calculating any payment in lieu of notice, the employer must pay 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 employee's employment not been terminated.

4.11.1.5 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 engaged for a specific task or tasks.

4.11.2 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.

4.11.3 Statement of employment

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

4.11.4 Payment in lieu

4.11.4.1 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.

4.11.4.2 Where an employee terminates their employment in accordance with the notice prescribed in 4.11.5, the employer and employee may, by mutual agreement, waive the whole or part of the period of notice.

Nothing in this clause shall prevent an employee terminating employment if the employee has been given notice of termination by the employer.

4.11.5 Notice of termination by employee

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

Period of continuous service	Severance Pay
Not more than 1 year	At least 1 week
More than 1 year	At least 2 weeks

4.11.6 Notice of termination may be given at any time provided that the termination of employment shall take effect at the end of a days work, or by the payment or forfeiture (as the case may be) of the wages appropriate to the said notice period.