AP789529CRV - Metal, Engineering and Associated Industries Award 1998
Summary
This clause describes certain rights and obligations of both employer and employees in circumstances where employment is terminated.
4.3.1 Notice of Termination by Employer
4.3.1(a) In order to terminate the employment of an employee the employer must give to the employee the following notice:
Period of Service |
Period of Notice |
1 year or less |
l 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 |
4.3.1(b) In addition to the notice in 4.3.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years service, are entitled to an additional week's notice.
4.3.1(c) Payment in lieu of the notice prescribed in 4.3.1(a) and (b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
[Pt I:Pt 4:4.3.1(d) substituted by PR947664 from 08Jun04]
4.3.1(d) The required amount of payment in lieu of notice must equal or exceed the total of all 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. That total must be calculated on the basis of:
4.3.1(d)(i) the employee’s ordinary hours of work (even if not standard hours); and
4.3.1(d)(ii) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
4.3.1(d)(iii) any other amounts payable under the employee’s contract of employment.
[Pt I:Pt 4:4.3.1(e) substituted by PR947664 from 08Jun04]
4.3.1(e) the period of notice in this clause does not apply:
4.3.1(e)(i) in the case of dismissal for serious misconduct;
4.3.1(e)(ii) to apprentices;
4.3.1(e)(iii) to employees engaged for a specific period of time or for a specific task or tasks;
4.3.1(e)(iv) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or
4.3.1(e)(v) to casual employees.
[Pt I:Pt 4:4.3.1(e)(vi) inserted by PR955055 ppc 17Jan05]
4.3.1(e)(vi) Termination provisions for Apprentices are provided by the relevant State or Territory Training Authority.
4.3.1(f) For the purposes of this clause, service shall be calculated in the manner prescribed by subclause 7.1.5 - How to Calculate Leave.
4.3.2 Notice of Termination by Employee
[Pt I:Pt 4:4.3.2 renumbered as 4.3.2(a) by PR947664 from 08Jun04]
4.3.2(a) The notice of termination required to be given by an employee shall be the same as that required of an employer, except that there is no additional notice based on the age of the employee concerned.
[Pt I:Pt 4:4.3.2(b) inserted by PR947664 from 08Jun04]
4.3.2(b) If an employee fails to give the notice set out in 4.3.1(a) then the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 4.3.1(d).
The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.
[Pt I:Pt 4:4.3.4 Time off during notice period title changed and varied by PR947664 from 08Jun04]
Where an employer has given notice 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.
4.3.5 Transmission of business
[Pt I:Pt 4:4.3.5 inserted by PR947664 from 08Jun04]
Where a business is transmitted from one employer to another, as set out in clause 4.4 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
