49. TERMINATION OF EMPLOYMENT
49.1. Notice of Termination by SBS
49.1.1 In order to terminate the employment of a full-time or part-time Employee, SBS must give the minimum period of notice in writing specified in the table below (or else make payment in lieu of notice in accordance with this clause):
|
Period of Government Service |
Period of notice |
|
1 year or less |
1 week |
|
Over 1 year and up to 3 years |
2 weeks |
|
Over 3 years and up to 5 years |
3 weeks |
|
Over 5 years |
4 weeks |
49.1.2 In addition to the period specified in the table above, Employees who are over 45 years of age and have at least 2 years’ continuous service as of the giving of notice will receive an additional week’s notice.
49.1.3 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies dismissal without notice under the FW Act. It will further not apply in the case of Casual Employees, or Limited-Term Employees whose contract of employment does not provide for dismissal on notice prior to the expiration of the specified time or completion of the specified task.
49.1.4 This clause does not limit SBS’s ability to set a longer notice period in an employee’s contract of employment.
49.2. Notice of Resignation by Employee
49.2.1 In order to resign their employment, an Employee must give SBS at least the same period of notice in writing as SBS would be required to terminate their employment under the table in clause 49.1.1 above. An Employee is not required to give any additional notice based on their age.
49.2.2 If an Employee does not give SBS the required period of notice under this subclause, they will not receive any pay for the period of notice not given.
49.2.3 Clause 49.2 does not apply to an Employee whose contract of employment specifies the minimum notice required where the Employee wishes to resign his or her employment.
49.3. Payment in Lieu of Notice
49.3.1 If either SBS or an Employee gives notice of termination, SBS may determine and advise the Employee that it will make payment in lieu of part or all of the period of notice. This will bring forward the end of, or immediately terminate, the employment.
49.3.2 In calculating any payment in lieu of notice, the salary an Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.