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Section : Employer must comply with guarantee for period before termination
Domain : Human Resource Management
Classification : Not Identified
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(2) If: (a) the employment of a high income employee is terminated before the end of the guaranteed period; and (b) either or both of the following apply: (i) the employer terminates the employment; (ii) the employee becomes a transferring employee in relation to a transfer of business from the employer to a new employer, and the guarantee of annual earnings has effect under subsection 316(2) as if it had been given to the employee by the new employer; and (c) the employee is covered by a modern award that is in operation at the time of the termination; the employer must pay earnings to the employee in relation to the part of the guaranteed period before the termination at the annual rate of the guarantee of annual earnings. 304 Fair Work Act 2009 No. 28, 2009 Note: This subsection is a civil remedy provision (see Part 4-1).