Death of an employee

Introduction

1. On the death of an employee, condolences from the University community should be conveyed to the employee's family by the Head of Work Unit.

2. The employee's date of death becomes the employee's last day of employment.

3. Payment of salary ceases from the date of death as notified by the deceased's legal representative, an official death/funeral notice or a registered death certificate.

4. Payment of salary for work completed up to and including the employee's last day of employment will be paid into the deceased's bank account.

Final payments

5. Payment in lieu of leave entitlements will be paid at the rate of the employee's substantive salary at the last day of employment. However, where an employee has been paid salary allowances continuously for 12 months or more immediately prior to the last day of employment, termination payments will be paid at the rate of the substantive salary plus salary allowances (excluding allowances such as overtime, first aid, shift penalties and allowances in lieu of shift penalties).

6. Unless the relevant industrial agreement or the employee's individual contract specifically state otherwise, the following payments will normally be made to the employee's dependant (as defined by the Australian Taxation Office) or to the employee's legal personal representative:

  • Annual leave - accrued annual leave up to a maximum of eight weeks.
  • Leave loading - a pro-rata leave loading, calculated on the basis of working days of service from the preceding 1st January (or commencement date, which ever is the later) to the last day of employment.
  • Long service leave (LSL) - accrued LSL.

7. Where a casual employee receives a loading in lieu of leave entitlements, there is no entitlement to termination payments for annual leave or leave loading. Where an entitlement for LSL is established under the NSW Long Service Leave Act, 1955, payment in lieu of accrued LSL will be made.

Return of University property

8. The Head of Work Unit should liaise with the employee's family to ensure the return of University property.

Procedures

9. On receiving notification of an employee's death, HR Services will liaise with the Head of Work Unit to offer assistance to the employee's next of kin and provide them with information about payment of leave entitlements, superannuation requirements and any other University-related matters connected with the deceased's estate.

10. On receipt of an official death/funeral notice, a registered death certificate or written notification of the employee's death from the deceased's legal representative, HR Services will arrange payment of final monies.

11. The Head of Work Unit should arrange for a clearance report to be completed.

12. HR Services will inform the appropriate superannuation fund of the employee's death.