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reg 39

Notice of resignation

In force
Part 2Prescribed employees
Division 6Resignation

39 Notice of resignation

(1)

Subject to these regulations, a prescribed employee who seeks to resign must give the Chief Executive at least 6 weeks' prior notice in writing of that intention to resign.

(2)

Despite subregulation (1)—

(a)

a prescribed employee who is on maternity leave (or long service leave taken during maternity leave) may resign at any time during that leave on giving the Chief Executive at least 2 weeks' prior notice in writing of her intention to resign; and

(b)

a prescribed employee appointed on a temporary basis may resign on giving the Chief Executive at least 2 weeks' prior notice in writing of their intention to do so.

(3)

The Chief Executive may, where reasonable cause exists, waive notice of resignation and permit a resignation to take effect at a time other than that provided for in this regulation.

(4)

If a prescribed employee resigns without complying with this regulation, the Chief Executive may, by notice in writing, require the employee to pay to TAFE SA—

(a)

in the case of a failure to comply with subregulation (1)—an amount not exceeding

6 weeks' salary of that employee; or

(b)

in the case of a failure to comply with subregulation (2)(b)—an amount not exceeding

2 weeks' salary of that employee.

(5)

If a prescribed employee fails to pay an amount required to be paid under this regulation, the amount may be recovered as a debt due and owing by the employee to TAFE SA.

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