AN160177 – Independent Schools Psychologists and Social Workers Award

25. - REDUNDANCY PROVISIONS

(1) Discussions Before Termination

(a) Where an employer has made a definite decision that the employer no longer wishes the job the psychologist or social worker has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the psychologist or social worker directly affected and with his/her Union, where applicable.

(b) The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph (a) of this sub clause and shall cover among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to minimise any adverse affect of any terminations on the psychologist or social workers concerned. The employer will confirm the content of these discussions in writing.

(2) Notice Period of Termination on Redundancy

(a) If the services of a psychologist or social worker are to be terminated due to redundancy, the psychologist or social worker shall be entitled to notice of termination as prescribed in Clause 6. – Contract of Service, of this Award, provided that psychologist or social workers to whom notification of termination of service is to be given because of the introduction of automation or other like technology changes shall be given not less than three (3) months’ notice of termination.

(b) Should the employer fail to give notice of termination as required in subclause 2(a) the employer shall pay to the psychologist or social worker an amount calculated in accordance with the ordinary rate of pay for a period being the difference between the notice given and that required to be given.

(c) Payment of Notice Treated as Service – If an employer makes payment for all or any of the period of notice prescribed, then the period for which such payment is made shall be treated as service for the purposes of calculating any service related entitlements of the psychologist or social worker arising pursuant to this award and shall be deemed to be service with the employer for the purposes of Long Service Leave.

(3) Psychologist or Social Workers Leaving During Notice

A psychologist or social worker whose employment is to be terminated for reasons set out in this clause may terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the psychologist or social worker remained with the employer until the expiry of such notice. This is with the provision that in such circumstances the psychologist or social worker shall not be entitled to payment instead of notice.

(4) Time Off During Notice Period

(a) During the period of notice of termination of employment given by an employer, a psychologist or social worker whose employment is to be terminated for reasons set out in this clause shall be entitled for the purpose of seeking other employment, to be absent from work for eight ordinary hours without deduction of pay.

(b) A psychologist or social worker who claims to be entitled to paid leave under this clause is to provide to the employer evidence that would satisfy a reasonable person of the entitlement.

(5) Severance Pay

In addition to the period of notice prescribed in Clause 7 – Contract of Service, of this Award, for ordinary termination, a psychologist or social worker whose employment is terminated for reasons set out in this clause shall be entitled to the following amount of severance pay in respect of a continuous period of service:

PERIOD OF CONTINUOUS SERVICE	SEVERANCE PAY
Less than 1 year	Nil
1 year but less than 2 years	4 weeks
2 years but less than 3 years	6 weeks
3 years but less than 4 years	7 weeks
4 years and over	8 weeks

"Weeks Pay" means the ordinary weekly rate of wage for the psychologist or social worker concerned.

(6) Alternative Employment

An employer, in a particular redundancy case, may make application to the Western Australian Industrial Relations Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for a psychologist or social worker.

(7) Psychologists or Social Workers Exempted

This clause shall not apply to relief or temporary psychologists or social workers or where employment is terminated as a consequence of conduct that justifies instant dismissal