New South Wales Consolidated Acts

EMPLOYMENT PROTECTION ACT 1982 - SECT 7

7 Notice of intention to terminate employment to be given to Registrar

(1) Subject to section 9, an employer shall not terminate the employment of any employee unless the employer has, at least 7 days:

(a) before notice of the termination is given to the employee, or

(b) where notice of the termination is not given to the employee-before the termination of the employment,

served on the Registrar a notice of intention to terminate the employment.

Maximum penalty: 50 penalty units.

(2) A notice shall be deemed not to have been served for the purposes of subsection (1) unless it contains particulars of:

(a) the name and address of the employee concerned,

(b) the position occupied by the employee or the duties required to be performed by the employee,

(c) the name of any relevant award or agreement applicable to the employee,

(d) the name of any relevant union to which the employee belongs, if known to the employer,

(e) any payments to be made to the employee in consequence of the termination of his or her employment,

(f) the date on which the employee entered the employment of the employer or, if the employee has entered that employment on more than one occasion, the date on which the employee last entered that employment,

(g) the date on or after which the termination of the employee’s employment is to take effect, and

(h) such other matters as may be prescribed.

(2A) A notice under this section may also contain particulars of the financial and other resources of the employer concerned to which the employer would desire the Commission to have regard before making an order under this Act.

(3) For the purposes of this section:

(a) an award or agreement is not a relevant award or agreement, or

(b) a union is not a relevant union,

unless the award or agreement, or membership of the union, is relevant to the position occupied by the employee concerned or to his or her duties as an employee.

(4) A notice under this section may relate to one or more employees whose employment is proposed to be terminated.

(5) This section does not apply:

(a) in relation to:

(i) the termination of an employee’s employment if the termination is made in consequence of misconduct on the part of the employee, or

(ii) the termination of casual employment, or

(b) in such cases or classes of cases as are prescribed.

(6) For the purposes of subsection (5), employment is casual employment if and only if:

(a) it is, in accordance with the regulations, to be so treated, or

(b) any award or agreement applicable to the employee concerned treats or classifies the employment as being casual employment.