Common use of Termination prior to a Public Holiday Clause in Contracts

Termination prior to a Public Holiday. (a) If the Employer terminates the employment of an employee, the Employer shall pay the employee a day’s ordinary wages for each public holiday prescribed in this Agreement which falls within 10 consecutive calendar days after the date the employee is given notice of termination of employment. (b) Where any 2 or more of the holidays prescribed in this Agreement occur within a 7 day span, such holidays shall be a ‘group’ of holidays. If the first day of the group of holidays falls within 10 consecutive calendar days after the date the employee is given notice of termination, the whole group shall be deemed to fall within the 10 consecutive days, and the employee will be paid a day’s ordinary wages for each such day. For example, Christmas Day, Boxing Day and New Years Day (or days in lieu thereof) shall be regarded as a group. (c) To avoid doubt, if the public holiday falls within the notice period (whether the employee works the notice period or receives a payment in lieu), the employee will only be paid once in respect of that day (i.e. the payment will not be added to the end of the notice period). (d) Subclauses 20.4(a), (b) and (c) do not apply where the Employer terminates the employment without notice in accordance with clause 20.2.

Termination prior to a Public Holiday. (a) If the Employer terminates the employment of an employee, the Employer shall pay the employee a day’s ordinary wages for each public holiday prescribed in this Agreement which falls within 10 consecutive calendar days after the date the employee is given notice of termination of employment. (b) Where any 2 or more of the holidays prescribed in this Agreement occur within a 7 7-day span, such holidays shall be a ‘group’ of holidays. If the first day of the group of holidays falls within 10 consecutive calendar days after the date the employee is given notice of termination, the whole group shall be deemed to fall within the 10 consecutive days, and the employee will be paid a day’s ordinary wages for each such day. For example, Christmas Day, Boxing Day and New Years Day (or days in lieu thereof) shall be regarded as a group. (c) To avoid doubt, if the public holiday falls within the notice period (whether the employee works the notice period or receives a payment in lieu), the employee will only be paid once in respect of that day (i.e. the payment will not be added to the end of the notice period). (d) Subclauses 20.4(a), (b) and (c) The above sub-clauses do not apply where the Employer terminates the employment without notice in accordance with clause 20.232.8.