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WORKPLACE RELATIONS ACT 1996 - SECT 661 Employer to give notice of termination

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 661

Employer to give notice of termination

             (1)  Subject to subsection (8), an employer must not terminate an employee's employment unless:

                     (a)  the employee has been given the required period of notice (see subsections (2) and (3)); or

                     (b)  the employee has been paid the required amount of compensation instead of notice (see subsections (4) and (5)); or

                     (c)  the employee is guilty of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the employer to continue the employment of the employee concerned during the required period of notice (see subsection (7)).

             (2)  The required period of notice is to be worked out as follows:

                     (a)  first work out the period of notice using the table at the end of this subsection; and

                     (b)  then increase the period of notice by 1 week if the employee:

                              (i)  is over 45 years old; and

                             (ii)  has completed at least 2 years of continuous service with the employer.

 

Employee's period of continuous service with the employer

Period of notice

Not more than 1 year

At least 1 week

More than 1 year but not more than 3 years

At least 2 weeks

More than 3 years but not more than 5 years

At least 3 weeks

More than 5 years

At least 4 weeks

             (3)  For the purposes of subsection (2), the regulations may prescribe events or other matters that must be disregarded, or must in prescribed circumstances be disregarded, in ascertaining a period of continuous service.

             (4)  The required amount of compensation instead 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.

             (5)  That total must be worked out on the basis of:

                     (a)  the employee's ordinary hours of work (even if they are not standard hours); and

                     (b)  the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

                     (c)  any other amounts payable under the employee's contract of employment.

             (6)  The regulations may make provision for or in relation to amounts that are taken to be payable under a contract of employment for the purposes of paragraph (5)(c) in relation to an employee whose remuneration before the termination was determined wholly or partly on the basis of commission or piece rates.

             (7)  Without limiting the generality of the reference to serious misconduct in paragraph (1)(c), the regulations may identify:

                     (a)  particular conduct; or

                     (b)  conduct in particular circumstances;

that falls within that reference.

             (8)  The regulations may exclude from the operation of this section terminations of employment occurring in specified circumstances that relate to the succession, assignment or transmission of the business of the employer concerned.