PART 2 – GENERAL CONDITIONS OF SERVICE

25. TERMINATION OF EMPLOYMENT

25.1    Termination by the Employer

25.1.1    An Employer may terminate an Employee’s employment in accordance with this clause:

25.1.1(a)    summarily;

25.1.1(b)    on notice, for reasons related to the Employee’s conduct or performance;

25.1.1(c)    on notice, as a consequence of redundancy.

25.2    Summary dismissal

25.2.1    An Employer may terminate an Employee’s employment summarily where that Employee is guilty of serious misconduct, that is misconduct of a kind such that it would be unreasonable to require the Employer to continue the employment during the notice period.

25.2.2    In such cases salary shall be paid up to the time of dismissal only.

25.3    Notice of termination by the Employer

25.3.1    School Officers, School Services Officers, Education Officers/Senior Education Officers and Catholic Education Office Clerical Employees.

25.3.1(a)    The Employer shall give to these Employees 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

25.3.1(b)    In addition to the notice in clause 25.3.1(a) Employees over 45 years of age at the time of the giving of notice who have not less than two years’ continuous service, shall be entitled to an additional week’s notice.

25.3.2    Teachers and principals

25.3.2(a)    The Employer shall give to the teacher or principal the following notice:

Period of continuous service	Period of notice

Less than 10 years in Catholic education and less than 5 years in their current school	7 weeks, wholly within one term
10 or more years in Catholic education or 5 or more in their current school	12 weeks, 9 of which shall be working weeks

25.3.2(b)    For the purposes of this clause working week includes any week during a school term as defined.

25.3.3    Payment in lieu of the notice prescribed in clause 25.3.1 and clause 25.3.2 shall if appropriate notice period is not given.

25.3.4    Employment may be terminated by the Employer giving part of the period of notice specified and part payment in lieu thereof.

25.3.5    Payment in lieu of notice is calculated by taking the amount of salary an Employee would have received on account of ordinary time which the Employee would have worked during the notice period if the Employee’s employment had not been terminated.

25.3.6    The period of notice in this clause shall not apply in the case of an Employee whose employment is for a specified period of time.

25.4    Notice of termination by the Employee

25.4.1    The notice of termination to be given by an Employee shall be:

25.4.1(a)    the same as that required of an Employer in clause 25.3.1; or

25.4.1(b)    seven weeks in the case of a teacher or Principal; or

25.1.1(c)    any lesser period of notice agreed to by the Employer.

25.4.2    Where an Employee fails to give at least four weeks’ notice or in respect of School Officers and School Services Officers such lesser period of notice as the Agreement requires, the Employer shall, subject to the minimum requirements of the Australian fair pay and conditions standard, have the right to withhold from moneys due up to an amount equal to one week’s ordinary time rate of pay for each week of the required notice not given, up to a maximum of four weeks at the ordinary time rate of pay.

25.5    Time off during notice period

Where an Employer has given notice of termination to an Employee, an 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 a time or times that are convenient to the Employee after consultation with the Employer.

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