• Attachment C

    Conditions relating to service for redundancy benefit purposes

     

    Continuity of service for redundancy benefit purposes

    1.

    For earlier periods of service to count there must be no breaks between the periods of service, except where:

    a. the break in service is less than 1 month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or

    b. the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the repealed section 49 of the Public Service Act 1922.

       
     

    Effect of part time employment on redundancy benefit

    2.

    The redundancy benefit will be calculated on a pro rata basis where an employee has worked part-time hours during the period of service and the employee has less than 24 years full-time service.

       
     

    Service for redundancy benefit purposes

    3.

    Subject to the following paragraphs of this Attachment, service for redundancy benefit purposes means:

    a. service in an agency;

    b. Government service as defined in section 10 of the Long Service Leave Act 1976;

    c. service with the Australian Defence forces;

    d. APS service immediately preceding deemed resignation under the repealed section 49 of the Public Service Act 1922 if the service has not previously been recognised for redundancy benefit severance pay purposes; and

    e. service in another organisation that is recognised for long service leave purposes where:

     

    i. an employee was transferred from the APS to that organisation with a transfer of a function; or

    ii. an employee, engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the APS.

       
     

    Service not to count for severance pay purposes

    4.

    Any period of service which ceased:

    a. through termination on the following grounds, or on a ground equivalent to any of the following grounds:

     
    • the employee lacks, or has lost, an essential qualification for performing his or her duties;
    • non-performance, or unsatisfactory performance, of duties:
    • inability to perform duties because of physical or mental incapacity;
    • failure to satisfactorily complete an entry level training course;
    • failure to meet a condition imposed under subsection 22(6) of the Public Service Act 1999; or
    • a breach of the Code of Conduct; or
     

    b. on a ground equivalent to a ground listed in subparagraph (a) above under the repealed Public Service Act 1922; or

    c. through voluntary retirement at or above the minimum retiring age applicable to the employee; or

    d. with the payment of a redundancy benefit or similar payment or an employer-financed retirement benefit

    will not count as service for severance pay purposes.

       
     

    Absences during a period of service

    5.

    Absences from duty which do not count as service for long service leave purposes will not count as service for severance pay purposes.

      Last modified: 02 Dec 2011QC 24167