Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to
subregulations (1a), (2) and (3), a severance payment made to an employee
under regulation 6, 7, 15, 16 or 17 is the payment of an amount equal to
3 weeks’ pay for each complete year of continuous service served by the
employee in the Public Sector (including a ministerial office).
(1a) A severance
payment made under regulation 6, 7, 15, 16 or 17 to an employee who has
completed more than one year of continuous service but less than 2 years
of continuous service is the payment of an amount equal to 4 weeks’ pay.
(2) The amount of a
severance payment is not to exceed the amount of 52 weeks’ pay.
(3) For the
purposes of subregulations (1) and (2), the weekly pay of an employee
who, during the employee’s period of continuous service, worked a
different number of hours in different weeks is to be calculated as
follows —
where —
A is the
employee’s weekly pay;
B is the
employee’s full-time weekly pay; and
C is the
employee’s average weekly hours expressed as a percentage of the
employee’s potential full-time weekly hours.
(4) Notwithstanding
the provisions of this regulation, an employee in respect of whom all or some
of the conditions of service are determined pursuant to a Commonwealth award
is not entitled to any payment provided for by this regulation.
(5) An employee
mentioned in subregulation (4) is entitled to such payment as is
determined by the Minister being an amount not greater than the amount that
would be payable under this regulation to the employee if none of his or her
conditions of employment were covered by a Commonwealth award.
(6) If the Minister is
satisfied that before the commencement of these regulations an employing
authority, with the approval of the government, gave notice to any class of
employees that a severance payment higher than that provided for by this
regulation would apply to that class of employees, the Minister may approve of
that higher severance payment being made to an employee who comes within that
class.
(7) In this
regulation —
pay means pay, as defined in regulation 3(1),
at the time of acceptance of the offer of voluntary severance, except that it
also includes —
(a) any
allowance of the following kinds that has been paid continuously for the
preceding 12 months —
(i) an allowance for temporarily
undertaking duties other than those of the substantive office, post or
position of the relevant employee; and
(ii)
a higher duties allowance;
and
(b) a
shift allowance which is paid on a regular basis including during periods of
annual leave.
[Regulation 20 amended in Gazette
24 May 1996 p. 2168; 19 Apr 2002 p. 2117-18;
16 May 2003 p. 1703; 8 Aug 2006 p. 2905.]