Australian National University Enterprise Agreement 2003-2006

Part Seven — Ceasing Employment

74. Minimum Notice Period for Termination of Employment

74.1 Where a staff member's standard employment is terminated for a reason listed in the following table, the corresponding minimum notice period will apply.

74.2 The notice periods listed in the following table will apply:

74.2(a) where a standard staff member's employment is terminated for any reason other than that specified in sub-clause 74.1; or

74.2(b) in accordance with clause 75.

74.3 In addition to the notice periods provided in sub-clause 74.2, a staff member over 45 years of age at the time of giving notice and with not less than 2 years' continuous service is entitled to an additional week's notice.

74.4 Where a staff member has been suspended, with or without pay, in accordance with sub-clauses 67.2.12 to 67.2.16, the Deputy Vice-Chancellor may direct that the suspension continue during the notice period.

74.5 Subject to sub-clauses 74.8 and 74.9, the termination of a staff member's appointment will be effective from the date at which the notice period expires.

74.6 Payment in lieu of the notice period, or in lieu of the un-worked portion of the notice period, will be made if:

74.6(a) in the case of a staff member who is entitled to notice of the expiry of his or her contract under clause 75, the period between the date of expiry of the contract and the date that the University gave the notice of expiry is less than the minimum notice period required under sub-clause 74.2;

74.6(b) the staff member requests payment in lieu of the notice and the delegate approves the payment in lieu of notice; or

74.6(c) the delegate decides that the staff member is not required to work-out the notice period.

74.7 Sub-clause 74.6 will not apply where the termination of employment is for reason of serious misconduct and where:

74.7(a) the staff member's employment was suspended without pay in accordance with sub-clause 67.2.13; and,

74.7(b) the Deputy Vice-Chancellor has directed, in accordance with sub-clause 74.4, that the suspension continue during the notice period.

74.8 Where a staff member is to receive payment in lieu of notice in accordance with paragraph 74.6(a), the staff member's employment will terminate on the date of expiry of the fixed term contract.

74.9 Where a staff member is to receive payment in lieu of notice in accordance with paragraphs 74.6(b) or (c), the staff member's employment will terminate upon the delegate's approval of the staff member receiving the payment.

74.10 A staff member who requests payment in lieu of notice in accordance with paragraph 74.6(b) may not seek a review of the decision to terminate the employment under clause 69.

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