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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.23F Termination of a contract of employment

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.23F

Termination of a contract of employment

    (1)     A contract of employment of a member of the Executive Class 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 Executive 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 Executive Class on the expiry or termination of the contract.

    (3)     If a member of the Executive Class is an on-going employee, the Secretary may direct the employee to carry out any of the duties of a position in the Executive 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 and the terms and conditions of employment applicable to that position apply to the employee.

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

S. 2.4.23G inserted by No. 70/2008 s. 8.