Div 7Resignation and termination

Division 7—Resignation and termination 119—Resignation (1) An officer of the teaching service may resign from employment by not less than 14 days notice in writing to the Chief Executive (unless notice of a shorter period is accepted by the Chief Executive). (2) If an officer of the teaching service— (a) is absent, without authority, from their employment for a period of 10 working days; and (b) gives no proper written explanation or excuse for the absence to the Chief Executive before the end of that period, the officer will, if the Chief Executive so determines, be taken to have resigned from their employment. 120—Termination (1) If the Chief Executive is satisfied that— (a) the volume of work in any section of the teaching service has diminished; and (b) a reduction in staff of the teaching service has consequently become necessary or appropriate; and (c) the employment of a specified officer of the teaching service should be terminated for that purpose, the Chief Executive may terminate the employment of that officer as from the date determined by the Chief Executive. (2) An officer of the teaching service whose employment is terminated under subsection (1) is entitled to receive— (a) at least 12 weeks' notice in writing prior to the date of termination; or (b) if the notice is less than 12 weeks, a sum equal to the officer's salary for the period by which the notice falls short of 12 weeks. (3) The Chief Executive may terminate the employment of an officer of the teaching service on any of the following grounds: (a) the officer is excess to the requirements of the teaching service; (b) the officer is physically or mentally incapable of performing duties satisfactorily; (c) misconduct; (d) unsatisfactory performance; (e) the officer's lack of an essential qualification; (f) the officer is not a registered teacher within the meaning of the Teachers Registration and Standards Act 2004; (g) the officer is a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016. (4) However, the employment of an officer of the teaching service may not be terminated under subsection (3)(a) or (b) unless the Chief Executive has taken reasonable steps to find other suitable duties in the public sector of the State to which the officer might be assigned or transferred on conditions that maintain the officer's substantive remuneration level.