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Section 2 - University and Staff Members' Duties, Employment Relationship and Related Arrangements
19. Termination of Employment Other Than Redundancy
19.1 Notice of Termination by the University
19.1.1 In order to terminate the Employment of a Full-time or part-time staff member (which may include a staff member on a Fixed-term contract of Employment but not a casual staff member), other than in the case of redundan cy, the University shall give to the staff member the period of notice specified in the table below:
Period of Continuous Service Period of Notice
1 year or less 1 week
Over 1 year and up to the completion of 3 years 2 weeks
Over 3 years a nd up to the completion of 5 years 3 weeks
Over 5 years of completed service 4 weeks
19.1.2 In addition to this notice, staff members over 45 years of age at the time of the giving of the notice with not less than two years' continuous service, are e ntitled to an additional week's notice.
19.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not given or is not required to be worked. Employment may be terminated by the staff member working part of the required period o f notice and by the University making payment for the remainder of the period of notice.
19.1.4 In calculating any payment in lieu of notice, the salary a staff member would have received in respect of the ordinary time he/she would have worked during the period of notice had his/her Employment not been terminated will be used.
19.1.5 The period of notice in this clause, shall not apply in the case of casual staff members, apprentices or staff members engaged for a specific period of time or for a specifi c task or tasks.
19.2 Notice of Termination by Staff Member
19.2.1 The notice of Termination required to be given by a staff member is the same as that required of the University, save and except that there is no requirement on the staff member to give additional notice based on the age of the staff member concerned.
19.2.2 If a staff member fails to give notice the University has the right to withhold monies due to the staff member to a maximum amount equal to the ordinary time rate of pay for the peri od of notice.
19.3 Time off During Notice Period
Where the University has given notice of Termination to a staff member, the staff member 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 staff member after consultation with the University.
19.4 Statement of Employment
The University shall, upon receipt of a request from a staff member whose Employment has been or is to be terminate d, provide to the staff member a written statement specifying the period of his or her Employment and the classification of or type of work performed by the staff member.
19.5 Notice Period Shortened by Mutual Agreement
Provided that by mutual agreement between the University and the staff member concerned, a staff member after having given notice may leave his/her Employment prior to the expiration of the notice period and receive salary up to the last hour worked only.
19.6 Summary Dismissal
Notwithst anding the provisions of clauses 19.1.1-19.1.2 above, the University has the right to dismiss any staff member without notice for conduct which justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases any entitl ements under this Agreement (including salary) are to be paid up to the time of dismissal only.
19.7 Unfair Dismissals
19.7.1 Termination of Employment by the employer shall not be harsh, unjust or unreasonable.
19.7.2 For the purposes of this clause, terminat ion of Employment shall include Terminations with or without notice.
19.7.3 Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, Termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable Termination of Employment. |
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