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AP799111 - Tugboat Industry Award 1999

18. TERMINATION OF EMPLOYMENT

18.1 Permanent employees

18.1.1 Notice of termination by employer

18.1.1(a) Officers

In order to terminate the employment of an officer the employer must give to the employee the following written notice:

Period of continuous service

Period of notice

   

1 year or less

2 weeks

More than 1 year but less than 4 years

6 weeks

More than 4 years

8 weeks

18.1.1(b) Ratings

In order to terminate the employment of a rating the employer must give to the employee the following written notice:

Period of continuous service

Period of notice

   

1 year or less

1 weeks

1 year up to the completion of 3 years

2 weeks

3 year up to the completion of 5 years

3 weeks

5 years and over

4 weeks

18.1.1(b)(i) In addition to the notice in 18.1.1(b), ratings over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, will be entitled to an additional week's notice.

18.1.2 Payment in lieu of the notice prescribed in 18.1.1 may be made.

18.1.3 An employer may terminate an employee's employment by giving part of the notice prescribed in 18.1.1 and part payment in lieu thereof.

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

18.1.5 Despite the above provisions, an employer may terminate an employee's employment without notice, or payment in lieu of notice, for misconduct.

18.1.6 Notice of termination by employee

An employee may terminate his/her employment by giving the employer the following notice in writing:

18.1.6(a) in the case of officers, two weeks' notice;

18.1.6(b) in the case of ratings, one week's notice.

18.1.7 If an employee fails to give the required notice, the employer may withhold moneys due to the employee to a maximum amount equal to the employee's ordinary wage or salary for the period of notice.

18.2 Casual employees

The employment of a casual employee terminates at the end of each period of duty.

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