46Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector

#### 46 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector 46 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 NSW Police Force senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment— > > > > > (a) if the employment is terminated under section 40 of the [Police Act 1990](/view/html/inforce/current/act-1990-047) 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 40 of the [Police Act 1990](/view/html/inforce/current/act-1990-047)—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. > > > > > > Note. > > > > > > Section 68 of the Act does not apply to police officers. > > > (2) No compensation is payable if the NSW Police Force senior executive’s employment is terminated for misconduct. > > > (3) The proportionate amount of a payment to be refunded under section 41 (2) of the [Police Act 1990](/view/html/inforce/current/act-1990-047) 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 NSW Police Force senior executive on the termination of the executive’s employment is, in the case of an executive who is employed part-time, to be calculated on a pro-rata basis. > > **pt 7(cll 45, 46):** Ins 2017 (579), Sch 1 \[5\].