The Varied Australian National University Enterprise Agreement 2005 – 2008

Part Eight – Ceasing Employment

52. Principles Relating to Notice Periods

52.1 A casual staff member’s employment may be terminated by the University or the staff member by giving one hour’s notice, or by the University paying or the staff member forfeiting one hour’s salary in lieu of notice.

52.2 In addition to the notice periods provided in 51.1, 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.

52.3 Where a staff member has been suspended, with or without pay, in accordance with 47.3, the Deputy Vice-Chancellor may direct that the suspension continue during the notice period.

52.4 Subject to 52.7 and 52.8, the termination of a staff member’s employment will be effective from the date at which the notice period expires.

52.5 Unless an appeal has been lodged within five (5) days, or by agreement with the staff member, payment in lieu for any part of the notice period, will be made if:

52.5.1 a staff member who is entitled to notice of the expiry of his or her employment agreement under clause 54, the period between the date of expiry of the Employment Agreement and the date that the University gave the notice of expiry is less than the minimum notice period required under clause 51;

52.5.2 the staff member requests payment in lieu of the notice and the delegate approves the payment in lieu of notice; or

52.5.3 the delegate decides that the staff member is not required to work-out the notice period. 

52.6 Sub-clause 52.5 will not apply where the termination of employment is for reason of serious misconduct and where   the staff member’s employment was suspended without pay in accordance with 47.3.2; and,   the Deputy Vice-Chancellor has directed, in accordance with 52.3, that the suspension continue during the notice period.

52.7 Where a staff member is to receive payment in lieu of notice in accordance with 52.5.1, the staff member’s employment will terminate on the date of expiry of the fixed term contract.

52.8 Where a staff member is to receive payment in lieu of notice in accordance with 52.5.2 or 52.5.3, the staff member’s employment will terminate upon the delegate’s approval of the staff member receiving the payment.

52.9  A staff member who requests payment in lieu of notice in accordance with 52.5.2 may not seek a review of the decision to terminate the employment under clause 50.

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