Owner Drivers and Forestry Contractors Act 2005
21Notice of termination
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21 Notice of termination
(1) The minimum period of notice of termination of an engagement is as set out in the following table.
| Category of contractor | Minimum notice period |
|---|---|
| Forestry contractor | 3 months |
| Owner driver of heavy vehicle | 3 months |
| Other owner driver | 1 month |
(2) Subsection (1) does not apply to an engagement if—
S. 21(2)(a) amended by No. 16/2017 s. 48(1).
(a) at the contractor's request, the Small Business Commission certifies in writing that it, or a person acting on its behalf, has explained to the contractor—
(i) the effect of subsection (1); and
(ii) that the giving of the certificate and the giving by the contractor of a notice under paragraph (b) will result in subsection (1) not applying to the engagement; and
(b) after having been given a certificate under paragraph (a), the contractor gives the hirer a written notice waiving the application of subsection (1) to the engagement.
S. 21(3) amended by No. 16/2017 s. 48(2).
(3) The Small Business Commission must issue a certificate under subsection (2)(a) within 21 days after being requested to do so by the contractor, but a certificate issued later than that is not invalid only because of that fact.
(4) Subsection (1) does not apply to—
(a) termination of the engagement by the hirer on the ground of serious and wilful misconduct; or
(b) termination of the engagement by the contractor on the ground of a material breach of contract by the hirer; or
(c) an ongoing engagement for a period of less than 3 months.
(5) Nothing in this section prevents persons entering a regulated contract under which notice of termination may not be given before a specified date.