If I Get Terminated From the Doe Can I Work at the Doe Again
Overview
A person's employment can end at the instigation of the employee, at the instigation of the employer or due to the operation of police force.
A person employed for a fixed period ceases employment at the conclusion of the stock-still period.
In the issue of the death of an employee, the procedures available below under Procedures and Forms should exist completed as soon as possible. These procedures include the requirements for advising the deceased person's superannuation fund and the legal requirements relating to the payment of any salary or unused leave entitlements.
Cessation at the instigation of the employee
An employee may elect to stop their employment at any fourth dimension by either resigning or retiring.
Employees are encouraged to provide as much notice equally possible of their resignation or retirement to assist the workplace in workforce planning. The following minimum notice periods utilise:
Teaching Service:
- master and executive grade employees: in accordance with their Contract of Employment (12 weeks or such other menses as agreed in writing past both parties)
- other teaching service employees: no minimum applies.
Public Service:
- VPS employees: in accordance with the Victorian Public Service Enterprise Agreement 2016 and the Nurses (Department of Education and Preparation) Understanding 2016 (4 weeks or such other menses equally agreed by both parties)
- Executive Officers: in accordance with their Contract of Employment (4 weeks).
A probationary employee covered by the Victorian Public Service Enterprise Agreement 2016 may resign at whatsoever fourth dimension within the probationary period past giving a minimum of two weeks' written notice to the employer.
To avoid whatever defoliation or misunderstandings and to assist the principal/manager in determining that an employee has made a genuine decision to resign or retire, the employee's notice of cessation should exist in writing, unless circumstances exercise not allow.
The detect should include:
- the date from, and inclusive of which, employment is to terminate (note: unless otherwise stated, an employee'south cessation of employment will take effect from the close of business on the date nominated in the notification of the resignation or retirement)
- contact details for time to come advice purposes (including a private address to which correspondence may exist sent if different to that already recorded on the payroll)
- any other information the employee wishes to provide, such as a reason for the cessation.
A Notice of Cessation of Employment class is available beneath under Procedures and Forms, for whatsoever employee who wishes to use it.
The employer must exist reasonably satisfied that the employee's resignation or retirement is unequivocal and a voluntary exercise of their intention to terminate their employment. Where there is crusade for doubt, the employer should not accept the notice of cessation without get-go seeking clarification from the employee nigh their intentions.
Where the employer is satisfied that it is a 18-carat resignation or retirement, the employee's discover of cessation should be accepted in writing.
Once an employee's discover of cessation has been formally accustomed past the employer, the resignation or retirement has taken effect and it cannot be withdrawn without the blessing of the employer.
An employee is required to resign if elected to State Parliament or if they wish to contest a federal election (run into the Contesting an Election topic under Related Topics below).
On their resignation/retirement, an employee's years of service tin be recognised in a number of ways, including a argument of service issued by the Department (see beneath). School communities and/or principals and managers are encouraged to formally recognise the service and contributions that an employee who retires or resigns has made to their school community or piece of work location and the broader government school system or public service.
Abeyance at the instigation of the employer
The employer may terminate the employment of an employee in the following circumstances:
- retrenchment (come across the Managing Backlog Employees topic under Related Topics below),
- annulment (encounter the Probation topic beneath under Related Topics)
- following an research into fitness for duty (run across the Fitness for Duty topic under Related Topics below)
- due to unsatisfactory performance or misconduct (see Complaints, Unsatisfactory Performance and Misconduct topic nether related topics below).
Termination of employment volition exist in accordance with the applicable Section policy guidelines.
Under the Fair Work Act 2009 an employee cannot have his/her employment terminated for a prohibited reason (further data is available from the Fair Work Ombudsman (http://world wide web.fairwork.gov.au/employment/off-white-piece of work-information-argument/pages/default.aspx)).
Where the employment of an employee is terminated the employee must exist provided with the post-obit minimum period of detect in writing:
Teaching service employees
Employees in the educational activity service must be provided with at to the lowest degree four weeks' notice of termination.
The find of termination is increased by 1 week if the employee is over 45 years of historic period and has completed at least two years' continuous service with the Department.
Public service employees
| Employee's flow of continuous service with the employer | Catamenia of Notice |
|---|---|
| Not more than three years | At least two weeks |
| More than 3 years | At least 4 weeks |
If the employee is over 40-five years old and has completed at least 2 years of continuous service the period of notice should be increased past one calendar week.
Where an Executive Officeholder's employment is terminated, the Executive Officer will be provided with a minimum notice period of 4 months.
Where the required period of notice is not provided or the employee is not required to work the discover flow that menstruation must be paid in lieu of observe. Payment in lieu of notice will be calculated based on the amount the employee would take received had they worked during the notice menstruation.
The Fair Work Human action 2009 provides for a review mechanism for a person who considers their employment has been terminated unfairly. The person is able to club an application with the Off-white Work Commission for relief in relation to termination of employment on the grounds that the termination was harsh, unjust or unreasonable. For farther information refer to the Fair Work Commission
Cessation due to the operation of a law
An employee'southward employment may be terminated due to the operation of a law in the post-obit circumstances:
- equally a result of the employee abandoning their employment (see the Absent without Get out topic nether Related Topics)
- where the employee ceases to be registered or have permission to teach in accordance with the provisions of Part 2.half dozen of the Teaching and Training Reform Act 2006
- where the employee ceases to concord a valid Working With Children Bank check where one is required.
Payment in lieu of entitlements
On cessation of employment (including the expiration of a fixed period of employment) an employee is entitled to payment in lieu of long service exit, annual leave (including boosted paid get out for education back up form employees) and almanac salary loading allowance as ready out beneath:
Long Service Leave
An employee who ceases employment with at least seven years' service will be paid in lieu of their accrued long service leave entitlement. If the cessation is equally a event of age or sick wellness which is deemed to exist permanent, payment in lieu of long service go out entitlement is made subsequently four years' service.
If the employment of a public service employee is terminated by the Section payment in lieu of long service leave entitlement is made afterward four years' service except where the termination is the result of serious misconduct or cessation for personal reasons past the employee.
An employee who does non wish to be paid their long service get out entitlement on cessation should complete and submit the Long Service Go out Election class (see beneath under Procedures and Forms).
In that location is no facility available for a person to repay to the Department whatever leave or other entitlements which have been paid on termination.
Where an employee with at least four years' service dies, payment in lieu of unused long service leave will be made to the employee'southward personal legal representative.
Almanac exit and annual salary loading allowance
A public service or teaching support course employee who ceases employment will be paid in lieu of their unused almanac leave and loading allowance.
Employees in the teaching service (other than education back up form employees) are not paid in lieu of annual leave or salary loading allowance on ceasing employment. Provided that where the cessation is as a event of historic period or ill wellness the employee is paid in lieu of whatever unpaid salary loading allowance.
Where an employee dies, whatever payment in lieu of annual leave or loading allowance will be made to the employee's personal legal representative.
For the purposes of determining an employee'south entitlement to payment in lieu, an employee is deemed to accept ceased:
- on account of age – if on or afterwards attaining the age of 55 years they cease to be employed;
- on business relationship of ill health – if they produce to the consul satisfactory bear witness that their ceasing to exist employed is due to ill wellness which is likely to be permanent.
Statement of Service
An employee or onetime employee may request a argument of service from the Department or a school quango equally prove of their employment.
School-based employees should submit their request for a statement of service to their electric current schoolhouse or concluding school if no longer employed and public service employees should submit their request to Corporate People Services.
Additional information
The Section holds corporate membership with National Seniors Australia which entitles employees to attend free pre-retirement planning seminars and access to financial and other advice (encounter beneath nether Useful Links)
Prior to ceasing employment, an employee is encouraged to contact their superannuation fund for advice nigh their entitlements, specially where it is likely that the employee will cease employment on the grounds of ill health.
Employment separation certificates are required past Centrelink to determine eligibility for various benefits. If a old employee requests a document, the employer must provide it (see beneath under Useful Links).
Other Resources
Policy & Guidelines
-
Employment Limitation Policy - last updated 20 June 2018
(
PDF) (
Discussion)
Procedures & Forms
-
Notification to resign or cease employment (
WORD) -
Cessation of employment administration procedures (
WORD) -
Decease of an employee administration procedures (
WORD) -
Long Service Leave Ballot course (
WORD) -for an employee to request that long service exit not be paid on cessation of employment
Legislation
- Legislation
- Industrial Agreements
- Industrial Awards
- Delegations
- Ministerial Orders
Related Topics
- Absent Without Get out
- Complaints, unsatisfactory operation and misconduct
- Battling an election
- Fitness for duty
- Managing Surplus Employees
- Probation
- Superannuation
Useful Links
- National Seniors Australia (nationalseniors.com.au)
- Centrelink - Employment Separation Certificates(http://www.humanservices.gov.au/concern/services/centrelink/employment-condition-verification/?utm_id=seven)
Contact Data
Source: https://www.education.vic.gov.au/hrweb/employcond/Pages/cess.aspx
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