(3) when the council believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify immediate dismissal. Serious misconduct includes (a) fraud or violence; (b) serious breaches of occupational health and safety procedures; (c) wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment; or (d) the employee being intoxicated at work. 3.6.2 (1) Following an unauthorised absence exceeding 20 working days: (a) in circumstances the council could not reasonably, after due enquiry, have been aware of any reasonable grounds for the absence; (b) without the permission of the council; and (c) without contacting the council to provide an explanation for the absence; the council is entitled to the employee as having resigned and the employment as having been terminated by the employee at his or her initiative. (2) (a) A person who ceases to be an employee under clause 3.6.2 may lodge an application for a personal grievance in accordance with Part 5 of this Order if that person considers their employment should not have been terminated. (b) If the Protection Board directs that the person be reinstated, the person is to be treated as not having ceased to be an employee. 3.6.3 (1) Notice of termination is provided for in the National Employment Standards. The notice periods in this clause supplement the provision in the National Employment Standards which deal with termination of employment. (2) Subject to any entitlement to a longer period of notice under the National Employment Standards, the employment of an employee will not be terminated without at least four weeks' notice (inclusive of the notice required under the National Employment Standards). (2) In addition to the notice, or payment in lieu of notice, provided in sub-clause (2) of this clause, an employee over 45 years of age with at least five years’ continuous service, will be entitled to an additional week's notice, or payment in lieu of notice.
6.9.3 Where the base salary, excluding allowances, received by the employee from the Australian Defence Force in respect of Defence Reserve service during his or her ordinary hours of work is below the employee’s substantive salary, the employee will, unless exceptional circumstances arise, be paid such amount to bring the employee’s total emolument up to the employee’s substantive salary for the period of Defence Reserve service. Division 10 – Parental Absence 6.10.1 An employee is entitled to be absent from duty for up to a total of seven years following, or in conjunction, with the birth of one or more children or becoming the legal parent of one or more children in the circumstances set out in clause 6.12.1 comprising one or more of the following forms of leave: (1) Maternity leave (2) Other paid parental leave (3) Partner Leave (4) Long service leave (5) Paid accrued by education support class employees under clauses 6.1.1(1)(a) or (b) (6) Family leave without pay being that portion of a parental absence not covered by paid leave 6.10.2 Any period of long service leave granted during a parental absence will extend the maximum period of parental absence available under clause 6.10.1. 6.10.3 Subject to clause 6.10.4, a parental absence may commence at any time an employee submits satisfactory medical evidence that she is pregnant or, in any other case, at any time after the birth, adoption or otherwise becoming the legal parent of the child of the child. 6.10.4 Unless otherwise approved by the council, an employee who is pregnant is required to absent herself from duty for the period: (1) six weeks before the expected date of birth until six weeks after the actual date of birth; or (2) six weeks from the actual date of birth where this occurs before the expected date of birth. 6.10.5 An employee is permitted to attend for duty during any part of the period stated in clause 6.10.4 provided that: