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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.19 Termination of a contract of employment

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.19

Termination of a contract of employment

    (1)     A contract of employment may be terminated—

        (a)     in accordance with the terms of the contract; or

        (b)     if the member's position is abolished or the member is dismissed or removed from the position or the member's employment is terminated or the member is reduced to a lower division, class, subdivision or grade or the member retires or resigns or has his or her services dispensed with in accordance with this Act or the Public Administration Act 2004 ; or

        (c)     if the member ceases to be a member of the teaching service; or

        (d)     in the absence of anything to the contrary in the contract, by either party to the contract giving 12 weeks notice of termination to the other party.

    (2)     If a contract of employment of a member of the Principal Class expires or is terminated and the member does not enter into a further contract of employment, the member ceases to hold the position as a member of the Principal Class on the expiry or termination of the contract and becomes an on-going employee of the teaching service without a position unless the member is no longer a member of the teaching service or the Secretary makes a direction under subsection (4).

    (3)     If a member becomes an on-going employee under subsection (2)—

S. 2.4.19(3)(a) amended by No. 70/2008 s. 7(a).

        (a)     the Secretary may direct the employee to carry out any of the duties of a position in the Principal Class or may transfer the employee to any other position in the teaching service (including a position with terms and conditions of employment less favourable to the employee) that the Secretary considers appropriate; or

        (b)     if the employee's contract of employment makes provision about transfer to an on‑going position in the teaching service upon becoming an on-going employee without a position, the Secretary must act in accordance with that provision—

and the terms and conditions of employment applicable to that position apply to the employee.

S. 2.4.19(4) amended by No. 70/2008 s. 7(b).

    (4)     If the contract of employment of a member of the Principal Class is terminated or expires, the Secretary may direct the member to carry out any of the duties of a position in the Principal Class without the member entering into a subsequent contract of employment for any period determined by the Secretary not exceeding 12 months.

    (5)     If no contract has been entered into at the end of that period the member becomes an on-going employee without a position and subsection (3) applies to that member.

    (6)     If a direction is given under subsection (4), the member is entitled to receive the remuneration package that applied to the member's former position for the period determined by the Secretary under subsection (4).

    (7)     A person is not entitled to any compensation for termination of a contract of employment under subsection (1).

    (8)     A person who becomes an on-going employee under subsection (2) or (4) is not entitled to any compensation for ceasing to hold a position as a member of the Principal Class.