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AP799643 - Teachers (English Colleges) Award 1999

4. CONTRACT OF EMPLOYMENT

4.1 Teachers employed under this award may be employed on a full-time, part-time, temporary or casual basis.

4.2 A College shall provide a full-time or part-time teacher on appointment with a letter stating, inter alia, the teacher's rate of salary as at appointment and the teacher's other conditions of employment.

4.3 Subject to 4.4, the length of notice (or payment in lieu thereof) of termination of employment of a teacher shall be as mutually agreed between the employer and the teacher and be included in the teacher's letter of appointment.

Provided that the minimum period of notice (other than for a casual teacher) to be given by either party shall be as follows:

Employee’s period of continuous service with the employer

Period of notice

Not more than one year

At least one week

More than 1 year but not more than 3 years

At least 2 weeks

More than 3 years but not more than 5 years

At least 3 weeks

More than 5 years

At least 4 weeks

Where the employee is over 45 years old the period of notice shall be increased by one week.

Note: Where a College as at the making of this award provides a longer period of notice of termination to employees than is provided in 4.3, this award shall not be relied upon to reduce the existing practice at the College

4.4 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal including incompetence, misrepresentation, neglect of duty or other misconduct.

4.5 For the purpose of allowing future employers to appropriately grade teachers under the classification system set out in clause 7 - Salaries, upon the termination of a teacher other than a casual teacher, the college shall provide a general statement of service setting out the length of service and range of subjects taught, any position of special responsibility held and any special duties performed by the teacher. For the same purpose, upon request, a casual teacher shall be provided with a statement of the hours or days, as the case may be, that the teacher has been engaged provided that where a short-term casual teacher is being engaged regularly by the same college, such request only shall be made at reasonable intervals.

4.6 Job search entitlement

[4.6 inserted by PR954193 ppc 27Sep04]

Where an employer has given notice of termination to an employee, an 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.

4.7 Transmission of business

[4.7 inserted by PR954193 ppc 27Sep04]

Where a business is transmitted from one employer to another, as set out in clause 19 - 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.

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