AN170068 – Mobile Crane Hire Award
(a) Notice of Termination of Employment
(i) Except as provided in paragraphs (iii) and (v) hereof, the employer shall give to the employee the following notice of termination:
Period of continuous service |
Period of notice |
1 year or less |
1 week |
1 year and up to the completion of 3 years |
2 weeks |
3 years and up to the completion of 5 years |
3 weeks |
5 years and over |
4 weeks |
(ii) In addition to the above notice employees over 45 years of age at the time of giving notice with not less than two years continuous service shall be entitled to an additional weeks notice.
(iii) Payment in lieu of notice shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice and part payment in lieu.
(iv) 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 employee’s employment not been terminated shall be used.
(v) The period of notice shall not apply in the case of dismissal for conduct that justifies instant dismissal including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.
(b) Notice of Termination By Employees
The notice of termination required to be given by an employee shall be a minimum of one week.
(c) Time Off During Notice Period
Where an employer has given notice of termination to an employee, the employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
(d) Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.
(e) Summary Dismissal
The employer shall have the right to dismiss any employee without notice for conduct which justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases the wages shall be paid up to the time of dismissal only.
(f) Abandonment of Employment
(i) The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned employment.
(ii) Provided that if within a period of fourteen days from the employee's last attendance at work or at the date of the last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that the absence was for a reasonable cause, the employee shall be deemed to have abandoned his or her employment.
(iii) Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever was the later.
