12. Entitlements Related to Fixed Term Employment

  1. Entitlements Related to Fixed Term Employment
    1. Without derogating from any entitlement under the employee's contract of employment, a fixed term contract employee is entitled to the provisions below. An employee must not be engaged and reengaged nor have his/her hours reduced for the principal reason of avoiding any obligation under this clause. This does not include breaks for genuine operational reasons or where an employee’s services are not required for a period. For the purpose of severance entitlements, a break of up to 6 weeks will count as continuous service.
    2. Notice of Cessation or Renewal of Employment upon Expiry of Contract
    3. The University will advise, and the supervisor will discuss with, fixed-term employees about the impending termination or renewal of their contract, and this will normally be no later than 4 weeks before the end of their contract.

    4. Further Employment
    5. Where the University has decided to continue the position with the same or similar duties and at the same classification level, the incumbent will be given further employment in the position provided the incumbent was employed in the relevant position through a merit selection process and has performed satisfactorily in that position. Where an employee refuses the offer of further employment, there will be no entitlement to severance pay.

    6. Conversion to Continuing Employment
      The provisions of this subclause will apply except where the University can demonstrate a lack of funding that is directly related to the position in question. A fixed term employee will be offered conversion to continuing employment in their position provided the following criteria are met:
      1. the employee was previously subject to merit selection for an advertised position; and
      2. there is an ongoing requirement for the duties of the position, or substantially similar position, or the nature of the work can be established as ongoing.
      3. the employee has performed satisfactorily in that position; and
    7. Severance Pay
      Where a fixed term employee seeks to continue their employment, but whose contract of employment is not renewed in the following circumstances:
    8. the employee is employed on a second or subsequent fixed term contract with the same or substantially similar duties and those duties are no longer required by the University; or
    9. the employee is employed on a fixed term contract and the duties of the kind performed in relation to work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties the employee will be entitled to a severance payment as follows:
      Type of Contract (as defined in clause 11.4 ) Period of continuous service Severance Severance Pay
      Replacement Employee
      Pre-retirement
      Student
      Professional Practice Apprentice/Trainee
      No Entitlement to Severance Nil
      Specific Task / Project
      Research
      Disestablished area
      New area
      Up to the completion of 2 years 4 weeks’ pay
      Specific Task / Project
      Research
      Disestablished area
      New area
      Over 2 years and up to the completion of 3 years 6 weeks’ pay
      Specific Task / Project
      Research
      Disestablished area
      New area
      Over 3 years and up to the completion of 4 years 7 weeks’ pay
      Specific Task / Project
      Research
      Disestablished area
      New area
      Over 4 years 8 weeks’ pay
    10. Where UNE advises an employee in writing that further employment will be offered within six weeks of the expiry of a period of fixed-term employment, then the University may defer payment of severance benefits until the end of the further employment.
    11. Where an employee receives a severance payment and is offered a subsequent contract within 6 weeks of the end of the initial contract for which severance was paid, the period of continuous service commences from the first day of the subsequent contract.
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