AN150140 – Social and Community Services Award
CLAUSE 4.6 TERMINATION OF EMPLOYMENT
OPDATE 04:11:2005 on and from
4.6.1 Notice of termination of service by the employer
4.6.1.1 In order to terminate the employment of an employee the employer will give to the employee the following notice:
Period of continuous service |
Period of notice |
Not more than three years |
two weeks |
More than three years but not more than five years |
three weeks |
More than five years |
four weeks |
4.6.1.2 In addition to the notice prescribed in clause 4.6.1.1, employees over forty-five years of age, at the time of giving the notice, with not less than two years continuous service, are entitled to additional notice of one week.
4.6.1.3 Payment at the ordinary rate of pay, in lieu of the notice prescribed in clauses 4.6.1.1 and 4.6.1.2 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 thereof.
4.6.1.4 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 employee’s employment not been terminated.
4.6.1.5 The period of notice in this clause will not apply in the case of:
4.6.2 Notice of termination of service by an employee
In order to terminate employment an employee must give the employer two weeks notice.
4.6.3 Time off during notice period
Where an employer has given notice of termination to an employee, the employee is entitled to up to one day of time off without loss of pay for the purpose of seeking other employment. The time off may be taken at times that are convenient to the employee, after consultation with the employer.
4.6.4 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.
4.6.5 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.
