31. Termination of Employment

31.1 General

31.1.1 All decisions to terminate the employment of an employee covered by this Agreement, must be made in accordance with this Agreement.

31.1.2 The University must not terminate the employment of an employee unless the employee has been given notice and/or compensation as required by this Clause.

31.1.3 The University may terminate without notice, or payment in lieu of notice, the employment of an employee, found, following the process in Clause 34 and Clause 35, to have engaged in serious misconduct such that it would be unreasonable to require the University to continue employment during a period of notice.

31.2 Notice of Termination by the University

31.2.1 Where employment is terminated for valid reasons, and subject to Clause 31.1.3, the University will give the employee the following notice:

Employees

Period Of Notice 

Professional employees

5 weeks

Foundation/Uniprep/English Language teaching employees

5 weeks

Academic employees

4 months

31.2.2 At the discretion of the Vice-Chancellor or delegated officer, payment may be made in lieu of notice. Payment in lieu of notice will be calculated on the employee’s salary (including fortnightly award based allowances, superannuation and loadings) at the date of ceasing employment.

At the discretion of the Vice-Chancellor or delegated officer, payment may be made in lieu of notice. Payment in lieu of notice will be calculated on the employee’s salary (including fortnightly award based allowances, superannuation and loadings) at the date of ceasing employment.

31.2.3 The period of notice in this Clause will not apply where employment is terminated in the case of casual employees, apprentices, fixed-term replacement employees as outlined in Clause 13.3.3.3, voluntary severance or redundancy.

31.3 Time Off During the Notice Period

Where the University has given notice of termination to an employee, the employee will be allowed up to one (1) day’s time off without loss of pay for the purpose of seeking other employment. Time off will be taken at times that are convenient to the employee after consultation with the employee’s supervisor.

31.4 Notice of Resignation by an Employee

31.4.1 An employee is required to give the University the following notice or payment in lieu of notice: 

Employees Period Of Notice Or Payment In Lieu Of Notice By The Employee
Professional employees 5 weeks
Foundation/Uniprep/English Language teaching employees 5 weeks
Academic employees 4 months

31.4.2 At the discretion of the Vice-Chancellor, a shorter period of notice may be granted.

31.4.3 If an employee fails to give the required notice, the University may withhold and debit monies due to the employee or take legal action to recover monies, to a maximum amount equal to the ordinary rate of pay for the period of notice given and notice required or payment in lieu of notice.