PART 13 - TERMINATION OF EMPLOYMENT |
| | TERMINATION OF EMPLOYMENT |
| 505 | All decisions by the University to terminate the employment of an employee covered by this Agreement must be made in accordance with the relevant provisions of this Agreement. |
| 506 | Procedural fairness and natural justice will apply and those involved in any disciplinary action or grievance process have a duty not to be affected by favouritism, bias or conflict of interest and must act fairly and impartially. |
| | NOTICE PERIODS |
| 507 | Within the provisions of this Agreement, in matters relating to termination of employment, either the University or the employee must give notice in accordance with the following table: |
| | | General Staff | Four weeks | | Academic Staff | three months |
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| 508 | The notice period required to be given by the University will be increased by one week if the employee is over 45 years old and has completed two years continuous service with the University. |
| 509 | At the request of the employee, a reduction in the notice periods outlined at 507 may be approved by the relevant delegated officer. |
| 510 | Where the University terminates an employee, payment instead of notice will be made if the University does not require the person to work out the notice period. Where the employee is only required to work part of the required notice period, the University will pay out the remainder of the notice period. |
| 511 | If an employee fails to give notice, the University has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice. |
| 512 | In calculating any payment instead of notice, the rate of pay an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used. |
| | Time off during notice period |
| 513 | Where the University has given an employee notice of termination, the employee will be allowed up to one day off per week without loss of pay to seek other employment. The time off will be taken at times that are convenient to the University after consultation with the University. |
| | Employees Exempted |
| 514 | This Clause will not apply where the University terminates an employee on the grounds of serious misconduct, under probation, or to casual employees, apprentices, or employees engaged for a specified term or specified task, or for separations on the grounds of redundancy or voluntary separation, or on the grounds of ill health. |
| | ABANDONMENT OF EMPLOYMENT |
| 515 | Where an employee is absent from duty for a continuous period of five working days without advice to the supervisor or the approval of the University, or without apparent good cause, the University will send a certified letter to the employee's last known mailing address asking the employee to inform the University of the reasons for the unauthorised absence from duty. A copy of the letter will be sent to known email addresses of the employee. |
| 516 | The University may send a certified letter to the employee's last known mailing address before the expiration of the five days of the initial unauthorised absence if the University suspects that an employee has abandoned their employment. |
| 517 | If there is no response to the University's letter within ten working days, the employee will be suspended without pay. This will take effect from the close of business on the last day the employee actually attended work or was on approved leave or was absent on duty. |
| 518 | If the employee does not establish to the satisfaction of the Vice Chancellor that the employee was absent for reasonable cause or if the employee did not respond within 20 working days, the Vice Chancellor may terminate the employment. |
| | TERMINATION OF EMPLOYMENT ON THE GROUNDS OF ILL HEALTH |
| 519 | The University may require an employee whose capacity to perform the duties of their position is in doubt, to undergo a medical examination by a medical practitioner chosen by the University at the expense of the University. |
| 520 | The University will provide the employee with at least one month's written notice that a medical examination is required. The medical examination must be completed within one month of the notice, unless the employee applies for a temporary or permanent disability superannuation benefit, in which case the requirement for a medical examination will lapse, and no further action will be taken by the University pursuant to this clause subject to clause 522. A copy of the medical report made by the Medical Practitioner shall be made available to the University and to the employee. |
| 521 | If the medical examination reveals that the employee is unable to perform their duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months, the Vice Chancellor may terminate the employment of the employee with four weeks notice. |
| 522 | Where the superannuation fund decides that the employee, following a period of receipt of a temporary disability benefit, is capable of resuming work and the Vice Chancellor elects to continue with this process, the Vice Chancellor may proceed in accordance with this Clause. |
| | Review |
| 523 | Within ten working days of receiving the medical report, the employee or their representative may request that the report be referred to a panel for review. |
| 524 | The review panel will comprise three medical practitioners, being: |
| a) | one appointed by the University; |
| b) | one appointed by the employee or where the employee chooses by the employee's representative; and |
| c) | one appointed by the President of the New South Wales State Branch of the Australian Medical Association. |
| 525 | The panel must not include the practitioner who made the initial report. |
| 526 | The University will not terminate the employment of the employee before the panel reports to the Vice Chancellor. |
| 527 | The medical practitioner making the final assessment and the panel reviewing this assessment will, as far as possible, apply the same standards that would be used by the employee's superannuation scheme in granting a disablement pension or other similar benefit. |
| 528 | Where an employee refuses to undergo a medical examination within three months of a written notification to do so, the University may reasonably conclude that the employee is unable to perform their duties and is unlikely to be able to resume them within 12 months, and may terminate employment in accordance with clause 521. |
| 529 | A refusal by an employee in these circumstances will not constitute misconduct and will not lead to any greater penalty or loss of entitlements than would have resulted from an adverse medical report. |
