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AP795978 - Space Tracking Industry Award 1998

13. TERMINATION OF EMPLOYMENT

13.1 Notice of termination by employer

13.1.1 In order to terminate the employment of a full time or regular part-time employee the employer must give to the employee the following notice:

Period of service

Period of notice

Less than 1 year

1 week

Over 1 year and up to the completion of 2 years

2 weeks

Over 2 years

4 weeks

13.1.2 In addition to this notice in 13.1.1 employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

13.1.3 Payment in lieu of the notice prescribed in 13.1.1 and 13.1.1 must be made if the appropriate notice period is not required to be worked. Employment that employment may be terminated by part of the required period of notice and by the employer making payment for the remainder of the period of notice.

13.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice, had their employment not been terminated, must be used.

13.1.5 The period of notice in this clause does not apply in the case of dismissal for serious or willful misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.

13.1.6 For the purpose of this clause continuity of service will be calculated in the manner prescribed by 25.5.

13.2 Notice of termination by employee

13.2.1 The notice of termination required to be given by an employee will be the same as that required of an employer, except that there is no additional notice based on the age of the employee concerned.

13.2.2 If an employee fails to give notice the employer has the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

13.3 Time off during notice period

Where an employer has given notice of termination to an employee, an employee will be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with the employer.

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