AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
15.1 Notice of termination by employer
15.1.1 In order to terminate the employment of a permanent employee the employer shall give to the employee the following notice:
Period of continuous service |
Period of notice |
Less than 1 year |
1 week |
1 year but less than 3 years |
2 weeks |
3 years but less than 5 years |
3 weeks |
5 years and over |
4 weeks |
15.1.2 In addition to the notice in 15.1.1 hereof, 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 week’s notice.
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. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
[15.1.4 substituted by PR947665 ppc 08Jun04]
15.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:
15.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and
15.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
15.1.4(c) any other amounts payable under the employee’s contract of employment.
[15.1.5 substituted by PR947665 ppc 08Jun04]
15.1.5 The period of notice in this clause does not apply:
15.1.5(a) in the case of dismissal for serious misconduct;
15.1.5(b) to apprentices;
15.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;
15.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or
15.1.5(e) to casual employees.
15.2 Notice of termination by employee
[15.2 substituted by PR947665 ppc 08Jun04]
15.2.1 The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except there shall be no additional notice based on the age of the employee concerned.
15.2.2 If an employee fails to give the notice set out in 15.1 then the employer has the right to withhold monies due then the employee to a maximum amount equal to the amount the employee would have received under 15.1.4.
15.3 Job search entitlement
[15.3 Time off during notice period - title changed by PR947665 ppc 08Jun04]
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 Termination before a holiday
An employee whose employment is terminated by the employer on the business day preceding a holiday or holidays, otherwise than for misconduct, must be paid for that holiday or holidays but this provision will not apply to an employee employed for two weeks or less.
15.5 Termination before Christmas
In the event of Christmas Eve falling on a Saturday or a Sunday any employee, other than those employed for two weeks or less, whose employment is terminated by the employer on the preceding Friday, otherwise than for misconduct, must be paid for the Christmas holidays. Should an employee be transferred from the regular to the casual staff during the week preceding the Christmas holidays he/she must be paid for those holidays, however an employee engaged on or after 1 December in any year whose employment finishes before Christmas Day and who is not re-employed within four weeks of Christmas Day by that employer is not entitled to payment for Christmas holidays.
15.6 Transmission of business
[new 15.6 inserted by PR947665 ppc 08Jun04]
Where a business is transmitted from one employer to another, as set out in clause 14 - 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.
