Woolworths (South Australia and Northern Territory) Award, 2003
AP825337 - Woolworths (South Australia and Northern Territory) Award, 2003
15.1 Notice of termination by employer
15.1.1 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 |
Less than l year |
1 week |
l year and less than 3 years |
2 weeks |
3 years and less than 5 years |
3 weeks |
5 years and over |
4 weeks |
15.1.2 In addition to the notice in 15.1.1 above, employees over 45 years of age at the time of the giving of notice with not less than two years’ continuous service shall be entitled to additional notice of one week.
15.1.3 Payment in lieu of the notice prescribed in 15.1.1 and/or 15.1.2 hereof shall be made if the appropriate notice period is not given. Employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
15.1.4 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.
15.1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that at common law justifies instant dismissal or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.
15.2 Notice of termination by employee
In order to terminate employment an employee shall give the employer the following notice:
Period of continuous service |
Period of notice |
Less than l year |
1 week |
l year and over |
2 weeks |
15.3 Time off during notice period
Where an employer has given notice of termination to an employee, the 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.
15.4 Payment in lieu
If an employer makes payments in lieu for all or any of the period of notice prescribed, then the period for which such payment is made shall be treated as service for the purposes of computing any service-related entitlement of the employee arising pursuant to this award.
15.5 Where the employment of an employee is terminated in accordance with the notice prescribed in 15.2, the employer and employee may by mutual agreement waive the whole or part of the period of notice.
Nothing in this clause shall prevent an employee terminating employment if the employee has been given notice of termination by the employer.
15.6 Notice of termination may be given at any time but the termination of employment shall take effect at the end of a day’s work, or by the payment or forfeiture (as the case may be) of the wages appropriate to the notice period.
