41.       TERMINATION OF EMPLOYMENT

41.1     Other than termination in circumstances of Probation, Serious Misconduct or Unsatisfactory Performance, the written notice specified in clause 41.2 will apply:

(a)       for staff members who resign, other than casual staff members, except where a different period is specified in their contract of employment; or

(b)       for the University, except where a different period is specified in the staff member’s contract of employment.

41.2     The notice specified in this clause will apply provided that the statutory minimum contained in the Fair Work Act 2009 (Cth) (as amended) is met.

Academic Staff Member – Period of Appointment

Notice provided by Staff Member and University

Continuing academic

6 months

Fixed-term academic for appointment of more than one year

3 months

Fixed-term academic for appointment of one year or less

1 month

 

Professional Staff Member - Period of Continuous Service

Notice provided by Staff Member and University

TESOL Language Teachers

4 weeks

HEW Level 1 to HEW Level 5 (with less than 3 years service)

2 weeks

HEW Level 1 to HEW Level 5 (with 3 years or more but less than 4 years service)

3 weeks

HEW Level 1 to HEW Level 5 (with 4 years or more service)

4 weeks

HEW Level 6 to HEW Level 9

4 weeks

41.3     Where a Professional staff member or TESOL Language Teacher has been employed continuously by the University for the preceding two (2) year period and are over the age of 45, they are entitled to one (1) weeks’ additional notice from the University.

41.4     If a staff member fails to give notice the University will have the right to withhold monies due to the staff member with a maximum amount equal to the ordinary time rate of pay for the notice period.

41.5     Where a staff member provides notice to the University, the University may agree to waive the staff member’s notice period and the staff member will not be required to work out the balance of the notice period.

41.6     The University may provide payment in lieu of notice

41.7     Fixed-term staff members - Notice of cessation

(a)       The University shall provide a fixed-term staff member, written notice of the University’s intention to renew, or not to renew, employment with the staff member upon the expiry of the contract.

(b)       The notice period shall be the greater of either:

(i)        The notice provided for in the staff member’s contract of employment; or

(ii)      

Period of continuous service

Period of notice

Less than 3 years

At least two weeks

3 years or more but less than 5 years

At least three weeks

5 years or more

At least four weeks

(c)        In addition to this notice, a staff member over the age of 45 years at the time of the giving of notice and with not less than two (2) years continuous service shall be entitled to an additional week’s notice.

(d)       Where because of unforeseen circumstances relating to the provision of income from sources external to the University, the University is not reasonably able to give the notice required by this sub-clause, it shall be sufficient compliance with this sub-clause if the University:

(i)        Advises those circumstances to the staff member in writing by the latest time at which the notice would otherwise be required to be given, and

(ii)       gives notice to the staff member at the earliest practicable date thereafter.

41.8     Action on Completion of a Fixed-Term Contract

(a)       Where it is determined that the position will continue as a fixed-term appointment, the University will offer the incumbent renewal in the position where:

(i)        the duties of the position continue as they were as at the date of expiry of the appointment; and

(ii)       the staff member was initially appointed through a merit-based selection process;

(iii)      the staff member has performed the duties to a satisfactory standard; and

(iv)       the new fixed-term appointment is for two (2) years or less.

(b)       Where the new fixed-term appointment pursuant to this clause is for a period of more than two (2) years, the position may be:

(i)        offered to the incumbent; or

(ii)       advertised at the discretion of the University.

41.9     Fixed-term Staff Members – Severance Pay

(a)       A fixed-term staff member whose contract of employment is not renewed will be entitled to a severance payment if:

(i)        the staff member seeks to continue employment; and

(ii)       the staff member is employed on a second or subsequent consecutive fixed-term contract and the same or substantially similar duties are no longer required by the University; or

(iii)      the staff member is employed on a fixed-term contract but another person has been appointed, or is to be appointed, to the same or substantially similar duties.

(b)       Where the University advises a staff member in writing that further employment may be offered within six (6) weeks of the expiry of a period of fixed-term employment, then payment of severance benefits may be deferred for a maximum period of four (4) weeks from the expiry of the period of fixed-term employment.

(c)        If the University obtains acceptable alternative employment for a staff member otherwise entitled to severance payment, then that staff member is not entitled to severance payment.

(d)       Severance payment entitlements will be calculated for a period of continuous service in fixed-term positions, as follows:

Period of continuous service in fixed-term positions

Severance pay

Less than 1 year

nil

1 year or more but less than 2 years

4 weeks pay

2 years or more but less than 3 years

6 weeks pay

3 years or more but less than 4 years

7 weeks pay

4 years or more

8 weeks pay

(e)       For the purpose of this clause, breaks between fixed-term appointments of up to two (2) times per year and up to six (6) weeks on each occasion, will not constitute breaks in continuous service. Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of this clause.