55. General notice periods

55.1 The employment of a staff member on a continuing appointment will only be terminated in the circumstances specified in the following table. Termination will only occur in accordance with the relevant provisions of this Agreement, as set out in the table

Reason for termination Relevant provisions of this Agreement (clause number)
Annulment of probation 18
Resignation 54
Ceasing employment on the grounds of ill health 57
Redundancy 58
Underperformance 75
Serious misconduct 76

55.2  The employment of a staff member on a fixed term appointment will only be terminated in the circumstances specified in the following table. Termination will only occur in accordance with the relevant provisions of this Agreement, as set out in the table. 

Reason for termination Relevant provisions of this Agreement (clause number)
Resignation 54
Expiry of fixed term appointment 55.8
Serious misconduct 76
Underperformance 75

55.3 Notwithstanding clauses 53.1 and 53.2, 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.

55.4  Where a staff member's continuing employment is terminated for a reason listed in the following table, the corresponding minimum notice period will apply. 

Reason for termination of appointment Minimum notice period
Annulment of probation 4 weeks
Underperformance 4 weeks
Serious misconduct Nil weeks
(subject to review rights in clause 78
(Review of Decisions))
Redundancy – continuing academic appointment and RASCE 6 weeks
Redundancy – continuing professional staff appointment 6 weeks
Ceasing employment on the grounds of ill health   6 months

55.5  An additional one (1) week notice will be provided to employees over 45 years of age who have two (2) or more years of service with the University.

55.6  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.

55.7  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.

55.8  Where a fixed term appointment expires and the staff member will not be offered continuing employment, the following notice periods will apply:  

Period of continuous service Minimum notice period
Less than 3 years 2 weeks
3 years but less than 5 years 3 weeks
5 years or over 4 weeks

55.9  Payment in lieu of the notice period, or in lieu of the un-worked portion of the 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.

55.10  Where a fixed term staff member is to receive payment in lieu of notice in accordance with clause 55.9(a) above, the staff member's employment will terminate on the expiry date of the contract.

55.11  Where a staff member is to receive payment in lieu of notice in accordance with clause 55.9(b) or (c) above, the staff member's employment will terminate upon the delegate's approval of the staff member receiving the payment.

55.12  A staff member who requests payment in lieu of notice in accordance with clause 55.9(b) above may not seek a review of the decision to terminate the employment under clause 78 (Review of Decision).