55. Notice periods

Resignation

55.1. Where a staff member resigns from the University, the following notice periods will apply:

1. A staff member employed on a continuing or fixed term contract must give the University the period of resignation notice specified in their contract of employment, or at least two weeks’ notice, whichever is greater.
2. A staff member employed on a continuing (contingent funded) contract must give the University at least four weeks’ notice of resignation.
3. A staff member employed on a casual contract must give the University at least one weeks’ notice of resignation.

55.2. Notwithstanding clause 55.1 above, a shorter period of notice will be agreed by the delegate where this can be achieved without a demonstrable adverse effect on University operations, including teaching and research commitments.

55.3. Where a staff member resigns before completing three years’ service or the agreed term of a fixed term appointment of less than three years, a pro rata refund of the cost of travel and removal expenses made upon appointment may be required.

Termination of employment

55.4. The University may terminate the employment of a staff member (excluding casual staff members). Termination will only occur in accordance with the relevant provisions of this Agreement as set out below:

1. Probation (clause 17);
2. Ceasing employment on the grounds of ill health (clause 64);
3. Redundancy (clause 57);
4. Unsatisfactory performance (clause 72);
5. Serious misconduct (clause 73); or
6. Serious research misconduct (clause 74).

55.5. Notwithstanding clause 55.4, the University may also terminate a professional staff member’s employment where loss of a licence or qualification, or other circumstances which do not constitute medical incapacity, unsatisfactory performance or misconduct for the purposes of this Agreement, result in the staff member becoming incapable of performing the duties of their position for an unreasonable period of time. In such circumstances, the University will redeploy the staff member wherever practicable.

Notice periods

55.6. In addition to the notice periods specified below in clauses 55.7 and 55.10, where a staff member (excluding casuals) is over 45 years of age and they have completed two or more years of continuous service with the University, an additional one-week notice will be provided.

55.7. Where a staff member’s employment is terminated in accordance with clause 55.4, the corresponding minimum notice period will apply:

55.8. A casual staff member’s employment may be terminated by the University by giving one week’s notice, or by the University providing payment for the staff member’s rostered shifts within the week in lieu of notice.

55.9. Provided that a clear end date is specified in a fixed term contract and the contract period is less than 18 months, the University is not required to provide additional written notice of its intention not to renew employment with the University upon expiry of the contract.

55.10. Subject to clause 55.9, the following notice periods will apply for a staff member employed on a fixed term or continuing (contingent funded) appointment:

Payment in lieu of notice

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

1. a staff member has been provided with less notice than the applicable notice period required;
2. the staff member requests payment in lieu of the notice and the delegate approves the payment in lieu of notice; or
3. the delegate decides that the staff member is not required to work out the notice period.

55.12. Where a fixed term or continuing (contingent funded) staff member is to receive payment in lieu of notice in accordance with clause 55.11(a), the staff member’s employment will terminate on the expiry date of their contract.

55.13. Where a staff member is to receive payment in lieu of notice in accordance with clause 55.11(b) or (c), the staff member’s employment will terminate upon the delegate’s approval of the staff member receiving the payment.

55.14. A staff member who requests payment in lieu of notice in accordance with clause 55.11(b) may not seek a review of the decision relating to the termination of employment under clause 75 (Review of decision).