41Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector

#### 41 Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector 41 Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector > > (1) The contract of employment of a Health 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 of the executive— > > > > > (a) if the employment is terminated under section 121H of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) (except for misconduct) 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 121H of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) (except for misconduct)—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 Health Service senior executive’s employment is terminated under section 121H of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) for misconduct. > > > (3) The proportionate amount of a payment to be refunded under section 121H (3) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) 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 Health 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. > > **cl 41:** Ins 2016 (725), Sch 1 \[4\]. Am 2017 (274), Sch 1 \[4\] \[5\].