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AP811245 - Timber Industry – CFMEU Wood Panels – Award 2000

17. TERMINATION OF EMPLOYMENT

After the first two weeks of employment of a full-time employee other than a casual the following termination provisions shall apply:

17.1 Notice of termination by employer

17.1.1 In order to terminate the employment of an employee the employer shall give the employee the following notice:

Period of continuous service

Period of notice

   

1 year or less

1 week

1 year and up to the completion of 3 years

2 weeks

3 years and up to the completion of 5 years

3 weeks

5 years and over

4 weeks

17.1.2 In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional weeks notice.

17.1.3 Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

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

17.1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, engaged for a specific period of time or for a specific task or tasks.

17.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by subclause 18.10

17.2 Notice of termination by employee

17.2.1 The notice of termination required to be given by an employee unless otherwise agreed shall be the same as that required of any employer, save and except that there shall be no additional notice based on the age of the employee concerned.

17.2.2 If any employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

17.3 Time off during notice period

17.3.1 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.

17.3.2 The time off shall be taken at times that are convenient to the employee after consultation with the employer.

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