Sch 8Rules for terminating employment

Schedule 8—Rules for terminating employment 1—Employee to be given notice of termination (1) An employer must not terminate an employee's employment unless— (a) the employee has been given either the period of notice required by subsection (2) or compensation instead of notice; or (b) the employee is guilty of serious misconduct, that is, misconduct of a kind that makes it unreasonable to require the employer to continue the employment during the notice period. (2) The required period of notice is worked out as follows— (a) if the employee's period of continuous service with the employer is not more than 1 year—the period of notice is at least 1 week; and (b) if the employee's period of continuous service with the employer is more than 1 year but not more than 3 years—the period of notice is at least 2 weeks; and (c) if the employee's period of continuous service with the employer is more than 3 years but not more than 5 years—the period of notice is at least 3 weeks; and (d) if the employee's period of continuous service with the employer is more than 5 years—the period of notice is at least 4 weeks, but if the employee is over 45 years old and has completed at least 2 years continuous service with the employer, the period of notice is increased by 1 week. (3) The regulations may prescribe events or other matters that must be disregarded, or must in prescribed circumstances be disregarded, in ascertaining a period of continuous service for the purposes of subsection (2). 2—Employee to have opportunity to respond to allegations An employer must not terminate an employee's employment for reasons related to the employee's conduct or performance unless— (a) the employee has been given the opportunity to defend himself or herself against the allegations made; or (b) the employer could not reasonably be expected to give the employee that opportunity. 3—Employer to comply with obligations imposed by regulation (1) An employer must comply with the rules and procedures prescribed by regulation under subsection (2). (2) Regulations may be made prescribing rules and procedures to be observed by employers in relation to the termination of employment for the purpose of giving full effect to the provisions and intendment of the Termination of Employment Convention.