AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
13.1 In order to terminate the employment of a full time or part time employee the employer shall give to the employee the period of notice specified in the table below, or payment in lieu thereof.
Period of continuous service |
Period of notice |
1 year or less |
1 week |
Over 1 year and up to the completion of 3 years |
2 weeks |
Over 3 years and up to the completion of 5 years |
3 weeks |
Over 5 years of completed service |
4 weeks |
In addition to this notice, employees over 45 years of age at the time of the giving of notice with not less than two years continuous service, are entitled to an additional weeks notice.
13.2 Where an employee is paid under the RDO system and has accrued a credit towards an RDO, such credit shall be taken into account in calculating wages due on termination.
13.3 Where notice has been given an employee shall continue in employment until such notice expires.
13.4 Upon termination of employment, wages that are due to an employee shall be paid on the day of such termination.
13.5 The employee shall terminate employment at a week’s notice, at any time during the week, or by payment, or forfeiture as the case may be, of a week’s wages for ordinary time worked.
13.6 If the employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
13.7 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 during the notice period without pay (except for the Australian Capital Territory where such time off shall be paid) to seek other employment.
13.8 Termination prior to a public holiday
13.8.1 No employee shall be entitled to receive payment from more than one employer in respect of the same holiday or group of holidays.
13.8.2 Victoria
13.8.2(a) An employer who terminates the employment of an employee except for malingering, inefficiency, neglect of duty or misconduct, shall pay the employee a day’s ordinary wages for each holiday prescribed in this award which falls within 10 consecutive calendar days after the day of termination; provided that such employee has been employed by the employer for a period in excess of one month’s duration.
[13.8.2(b) varied by Q9130 ppc 30Jun98]
13.8.2(b) Where any 2 or more of the holidays prescribed in this award occur within a 7 day span, such holidays shall for the purposes of this award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive calendar days after termination, the whole group shall be deemed to fall within the 10 consecutive days. Christmas Day, Boxing Day and New Years Day (or days in lieu thereof) shall be regarded as a group.
13.8.3 Australian Capital Territory
13.8.3(a) Except for casuals, where an employer terminates the employment of an employee, except by reason of the misconduct of the employee (proof whereof shall lie with the employer), within 14 days prior to a public holiday or group of holidays, the employee shall be paid for that holiday or group of holidays, provided that they have been employed for a period of at least one week prior to the termination of employment. Provided further, where an employee is re-employed within a period of one month of the termination of employment, the employee shall be paid for all holidays occurring within the period between the termination of service and re-employment.
13.8.3(b) When any two or more of the holidays prescribed in this award occur within one week of one another, such holidays shall, for the purposes of this Part, be deemed a group of holidays.
13.8.4 Tasmania
If any employee is dismissed within 14 days prior to a public holiday and is re-engaged within 14 days after any of the said holidays, it shall be deemed that dismissal for the purpose of evading payment for such holidays and any payment shall be due and payable to the employee.
13.9 Abandonment of employment during notice period
An employee who has given or been given notice and absents him or her self from work during that period of notice without reasonable cause (proof of which shall lie with the employee), shall be deemed to have abandoned the employment and shall not be entitled to any payment for work done by him / her within that period.
Nothing in this clause shall affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty, misconduct or refusing duty and in such cases the wages shall be paid up to the time of dismissal only.
Nothing in this award shall affect the right of the employer to deduct payment for any day an employee cannot be usefully employed because of any strike, or stoppage of work by any cause for which the employer cannot reasonably be held responsible.
