56. Severance pay

Eligibility for severance payments

56.1. Subject to clause 56.3 below, a fixed term staff member is entitled to severance pay if:

  1. the staff member is on a second or subsequent fixed term appointment, or their initial appointment has been extended at least once; and
  2. the same or substantially similar duties are no longer required by the University; or
  3. the work continues to be required but another person has been or will be appointed to do the same or substantially similar duties.

56.2. Subject to clause 56.3 below, a staff member on a continuing (contingent funded) appointment will be entitled to severance pay if:

    1. the staff member is on their second or subsequent appointment (including any previous fixed term appointments), or their expected end date has been extended at least once; and
    2. the same or similar duties are no longer required by the University; or
    3. the staff member was initially or directly appointed to a continuing (contingent funded) position and their employment ceases in accordance with clause 12.5.

    56.3. Severance pay will not apply where the staff member has:

      1. been employed under an employment scheme;
      2. resigned or declined the offer of further employment;
      3. been employed on a single fixed term contract;
      4. obtained further employment within the University without the loss of accrued entitlements; or where
      5. the University has assisted the staff member in securing the same or similar employment with another employer, with a transfer of all accrued entitlements.

      56.4. Severance pay will be paid in accordance with the following table:

        Period of continuous service

        Severance pay

        Less than 1 year

        Nil

        1 year and less than 2 years

        4 weeks' pay

        2 years and less than 3 years

        6 weeks' pay

        3 years and less than 5 years

        7 weeks' pay

        5 years and less than 8 years

        8 weeks' pay

        8 years and less than 10 years

        10 weeks' pay

        10 years and less than 12 years

        12 weeks' pay

        12 years and above

        13 weeks' pay

        For the purposes of this clause, ‘weeks’ pay’ means the ordinary time rate of pay for the staff member concerned.

        56.5. All fixed term and continuing (contingent) funded staff members with an existing employment contract, entered into prior to the commencement of The Australian National University Enterprise Agreement 2017 – 2021, will be entitled to the severance payments set out in The Australian National University Enterprise Agreement 2013 – 2016 subject to clause 13.8 (continuing (contingent funded) employment severance eligibility and clause 56 (fixed term – eligibility for severance payments) of that Agreement.

        56.6. Payment of severance may be delayed for up to nine weeks to facilitate continuation of service, but will be paid on termination if it is agreed the staff member is not likely to be offered further employment by the University.

        56.7. By agreement, payment of outstanding leave may also be delayed for nine weeks to facilitate continuation of service by using leave entitlements. Leave balances will be reduced accordingly when payment is made.

           

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