|Employer Information > Horse Training Industry Award (1998) - PRE 2010 > Part 4 - Employer & Employee Duties > Notice of Termination|
12.1 Notice of termination by employer
12.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:
12.1.2 In addition to the notice in 12.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.
12.1.3 Payment in lieu of the prescribed notice in 12.1.1 and 12.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.
12.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:
12.1.4(a) the employee's ordinary hours of work (even if not standard hours); and
12.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
12.1.4(c) any other amounts payable under the employee's contract of employment.
12.1.5 The period of notice in this clause does not apply:
12.1.5(a) in the case of dismissal for serious misconduct;
12.1.5(b) to apprentices;
12.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;
12.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or
12.1.5(e) to casual employees.
12.1.6 Continuous service is defined in clause 4.6.
12.2 Notice of termination by an employee
12.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
12.2.2 If an employee fails to give the notice specified in 12.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 12.1.4.
12.3 Job search entitlement
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
12.4 Transmission of business