Termination of Temporary Employment Policy

1. Purpose

To ensure that the termination of temporary staff, prior to the expiration of the employment contract, meets the Canberra Institute of Technology's (CIT) legal responsibilities under the Public Sector Management Act 1994, the Public Sector Management Standards 2006 and the Fair Work Act 2009.

This policy does not cover termination for underperformance or misconduct and discipline. For these matters refer to the Enterprise Agreement at Clauses H4 and H6 for general staff and Clauses 118 and 120 for teaching staff.

2. Scope

This policy applies to temporary employees and excludes casual employees.

3. Principles

3.1 The delegate may, in accordance with Section 112 of the Public Sector Management Act 1994, terminate the temporary employment of an employee at any time before the contracted end date by providing reasonable written notice.

3.2 Temporary employment may be ceased in circumstances such as:

• Changes in work volume or pattern;
• Changed financial circumstances;
• Return of position’s permanent occupant; or
• Placement of excess/other permanent officer.

3.3 Employees who wish to terminate their employment will provide two weeks' notice in accordance with the relevant Enterprise Agreement.

3.4 It is not necessary for managers to give formal notice of expiration at the end of a contract.

3.5 According to the circumstances of the termination the period of 'reasonable written notice' may be varied for cases of serious misconduct as per the Enterprise Agreement.

4. Documentation

Authority Source

1. Public Sector Management Act 1994
2. Public Sector Management Standards
3. Fair Work Act 2009

Related Documents

1. CIT Human Resources Delegations Manual
2. ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2013 - 2017
3. ACT Public Sector Canberra Institute of Technology (Teaching Staff) Enterprise Agreement 2013 - 2017

5. Definitions

Enterprise Agreement - The ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2013 - 2017, the ACT Public Sector Canberra Institute of Technology (Teaching Staff) Enterprise Agreement 2013-2017, or their successors

Reasonable Written Notice -  Minimum periods of notice are provided in the Fair Work Act 2009 as follows:

Note, an increase in the period of notice of one week applies to employees over 45 years old and has completed at least 2 years continuous service.

Temporary Employment - Includes employment on a full-time or part-time basis for a specified period of time or a specified task. Temporary employment may be short-term (for a period not exceeding twelve months) or long-term (for a period greater than twelve months but not exceeding five years).

6. Policy Contact Officer

Manager, CIT Safety and Employment Relations.

Contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.