Termination Payments

Termination Payments

Notice of Termination

An employer must not terminate an employee’s employment (subject to the exceptions set out below) unless they have given the employee written notice of the day of the termination.  How much to pay and the weeks of notice required is based on the period of service of the employee.

 

An employer may give notice to the employee by:

  • delivering it personally, or
  • leaving it at the employee’s last known address, or
  • sending it by pre-paid post to the employee’s last known address.

 

What amount of notice must be given? An employer must not terminate an employee unless they have:

  • given the minimum period of notice  or
  • paid the employee in lieu of notice at the full rate of pay for at least the hours the employee would have worked had the employment continued until the end of the minimum period of notice.

 

An employee’s full rate of pay (other than a pieceworker) is the rate of pay payable to an employee, including all the following:

  • incentive-based payments and bonuses
  • loading
  • monetary allowances
  • overtime or penalty rates
  • any other separately identifiable amounts.
To find out what notice is required and how many weeks redundancy is to be paid, please see here.

 

* * * Disclaimer: The information is sourced from NTAA. * * *
Many of the comments in this publication are general in nature and anyone intending to apply the information to practical circumstances should seek professional advice to independently verify their interpretation and the information’s applicability to their circumstances.

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