AP802001CRV - Victorian Independent Schools - Teachers - Award 1998

11. TERMINATION OF EMPLOYMENT

11.1 Notice of termination by the employer

11.1.1 Where the teacher has had five (5) or more years’ continuous service in the school where currently employed, the employer will give a full term’s notice in writing or full payment in lieu.

11.1.2 Where the teacher has had less than five (5) years’ continuous service in the school where currently employed, the employer will give seven weeks’ notice in writing, wholly within the one school term or full payment in lieu.

11.1.3 The period of notice in this clause will not apply:

• to teachers dismissed summarily;
• to replacement teachers where the date of cessation of employment is stated at the time of employment;
• to specified term teachers where the date of cessation of employment is stated at the time of appointment;
• specified term teachers employed to complete a task or tasks; or
• to emergency teachers.

11.1.4 Payment in lieu of notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the teacher working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

11.1.5 Payment in lieu of notice is calculated by taking the amount of salary a teacher would have received by working during the notice period if the teacher’s employment had not been terminated.

11.2 Notice of termination by the teacher

11.2.1 A teacher must give the employer a minimum of seven (7) weeks’ notice in writing with such notice to be given wholly within the one school term.

11.2.2 Subject to financial obligations imposed on an employer by any Act, the employer has the right to withhold monies and benefits due to a teacher who fails to give the full amount of notice required by 11.2.1.

11.2.3 Pursuant to 11.2.2, the employer has the right to withhold monies and benefits to a maximum amount equal to the ordinary rate of pay for the period of notice not given.

11.3 Notice in Term 1, 2006

[11.3 inserted by PR967093 ppc 23Dec05]

For Term 1 in 2006, the period of notice in paragraphs 11.1.2 and 11.2.1 is four (4) weeks’ notice in writing, with such notice to be given wholly within the one school term.