(3) when the council believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify immediate dismissal. Serious misconduct includes (a) fraud or violence; (b) serious breaches of occupational health and safety procedures; (c) wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment; or (d) the employee being intoxicated at work. 3.6.2 (1) Following an unauthorised absence exceeding 20 working days: (a) in circumstances the council could not reasonably, after due enquiry, have been aware of any reasonable grounds for the absence; (b) without the permission of the council; and (c) without contacting the council to provide an explanation for the absence; the council is entitled to the employee as having resigned and the employment as having been terminated by the employee at his or her initiative. (2) (a) A person who ceases to be an employee under clause 3.6.2 may lodge an application for a personal grievance in accordance with Part 5 of this Order if that person considers their employment should not have been terminated. (b) If the Protection Board directs that the person be reinstated, the person is to be treated as not having ceased to be an employee. 3.6.3 (1) Notice of termination is provided for in the National Employment Standards. The notice periods in this clause supplement the provision in the National Employment Standards which deal with termination of employment. (2) Subject to any entitlement to a longer period of notice under the National Employment Standards, the employment of an employee will not be terminated without at least four weeks' notice (inclusive of the notice required under the National Employment Standards). (2) In addition to the notice, or payment in lieu of notice, provided in sub-clause (2) of this clause, an employee over 45 years of age with at least five years’ continuous service, will be entitled to an additional week's notice, or payment in lieu of notice.
(3) when the council believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify immediate dismissal. Serious misconduct includes (a) fraud or violence; (b) serious breaches of occupational health and safety procedures; (c) wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment; or (d) the employee being intoxicated at work. 3.6.2 (1) Following an unauthorised absence exceeding 20 working days: (a) in circumstances the council could not reasonably, after due enquiry, have been aware of any reasonable grounds for the absence; (b) without the permission of the council; and (c) without contacting the council to provide an explanation for the absence; the council is entitled to the employee as having resigned and the employment as having been terminated by the employee at his or her initiative. (2) (a) A person who ceases to be an employee under clause 3.6.2 may lodge an application for a personal grievance in accordance with Part 5 of this Order if that person considers their employment should not have been terminated. (b) If the Protection Board directs that the person be reinstated, the person is to be treated as not having ceased to be an employee. 3.6.3 (1) Notice of termination is provided for in the National Employment Standards. The notice periods in this clause supplement the provision in the National Employment Standards which deal with termination of employment. (2) Subject to any entitlement to a longer period of notice under the National Employment Standards, the employment of an employee will not be terminated without at least four weeks' notice (inclusive of the notice required under the National Employment Standards). (2) In addition to the notice, or payment in lieu of notice, provided in sub-clause (2) of this clause, an employee over 45 years of age with at least five years’ continuous service, will be entitled to an additional week's notice, or payment in lieu of notice.
Ministerial-Order-1039.docx