AN160068 – Clerks (Unions and Labor Movement) Award 2004

28. - TERMINATION OF EMPLOYMENT

(1) (a) The employment of any employee may be terminated by the following notice period, provided that an employee has not been dismissed on the grounds of gross misconduct in which case shall only be paid up to the time of dismissal.

Employee’s Period of Continuous service with the employer	Period of Notice
Not more than one year	At least one week
More than one year but not more than 3 years	At least 2 weeks
More than three years but not more than 5 years	At least 3 weeks
More than 5 years	At least 4 weeks

(b) An additional week’s notice is required to the amount mentioned in paragraph (a) if the employee is over the age of 45.

(c) Any compensation in lieu of notice instead of the notice must equal or exceed the total of the amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period.

(d) The compensation in lieu of notice must be worked out on the basis of

(i) The employee’s ordinary hours of work (even if they are standard or not); and

(ii) The amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

(iii) Any other amounts payable under the employee’s contract of employment.

(2) The notice requirement period for an employee terminating his/her employment with an employer shall be the same requirement as that which is required to be given by an employer, with the exception of the additional one week’s notice for an employee over the age of 45.