AP817220 - Nurses (South Australian Public Sector) Award 2002

PART 3 - EMPLOYMENT RELATIONSHIP 

3.1 TERMINATION OF EMPLOYMENT

3.1.1 For the purpose of this clause, ‘continuous service’ means unbroken periods of employment and includes approved periods of leave.

3.1.2 All employees, with the exception of casual employees, are deemed to be hired by the fortnight in the absence of an express contract to the contrary.

3.1.3 An employer may terminate employment by giving the following notice:

Period of continuous service with the employer	Period of notice
Not more than 1 year	At least 1 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

3.1.4 Where an employee is over 45 years old and has completed at least two years of continuous service with the employer, an additional one weeks notice is to be given.

3.1.5 An employee is required to give two weeks notice to terminate employment.

3.1.6 This notice may be given at any time. Termination must take effect at the end of a days work, or where the period of notice is not worked by the payment or forfeiture of the period of notice or part of the period.

3.1.7 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal including misconduct.

3.1.8 If an employee is justifiably dismissed for any reason the employee is only entitled to payment for work performed in that fortnight proportionate to the time worked.