39Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector

#### 39 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector 39 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector > > (1) The contract of employment of a Public Service senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment by the employer— > > > > > (a) if the employment is terminated under section 41 of the Act during or at the end of any period of probation imposed as a condition of the executive’s engagement—an amount equal to the executive’s remuneration package for a period of 4 weeks, > > > > > (b) if the employment is otherwise terminated under section 41 of the Act—an amount equal to the executive’s remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser), > > > > > (c) if the employment is terminated under section 68 of the Act for unsatisfactory performance—an amount equal to the executive’s remuneration package for a period of 13 weeks. > > > (2) No compensation is payable if the executive’s employment is terminated under section 69 of the Act for misconduct. > > > (3) The proportionate amount of a payment to be refunded under section 41 (3) of the Act is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates. > > > (4) The amount of compensation payable in accordance with this clause to a Public Service senior executive on the termination of the executive’s employment by the employer is, in the case of a senior executive who is employed part-time, to be calculated on a pro-rata basis.