CALCULATION OF PENALTIES. If a practitioner works hours which would entitle that practitioner to payment of more than one of the monetary penalties payable in accordance with the relevant overtime, public holidays, on call and call back or shift and weekend work provisions of this Agreement, only the highest of any such penalty shall be payable.
CALCULATION OF PENALTIES. Where an employee works hours which would entitle that employee to payment of more than one of the penalties payable in accordance with the overtime, public holidays, shift and weekend penalty provisions of this Agreement, only the highest of any such penalty will be payable.
CALCULATION OF PENALTIES. Where the Agreement provides for a multiplication of the ordinary rate for any purpose (i.e. weekend penalty rate, overtime, public holiday penalty, shift allowance or the like) and two (2) or more penalties apply under the Agreement then an only a single penalty will apply and it will be the highest of the applicable penalties. To be clear penalties are not cumulative.
CALCULATION OF PENALTIES. (1) Where the Caregiver works hours which would entitle him or her to payment of more than one of the penalties payable in accordance with the overtime, shift and weekend penalties, or public holiday provisions of this Agreement, only the highest of any such penalty shall be payable.
(2) In the case of casuals any such penalty shall be in addition to the casual loading except where inconsistent with Clause 17 – Casual Employment of this Agreement.
CALCULATION OF PENALTIES. If a Clinical Academic works hours which would entitle that Clinical Academic to payment of more than one of the monetary penalties payable in accordance with the relevant public holidays, on call and call back or shift and weekend work provisions of this Agreement, only the highest of any such penalty will be payable.
CALCULATION OF PENALTIES. 1. For purposes of determining the number of days of violation for which a penalty is assessed under this Section or § 2584, if the Director has notified the violator in writing of the violation and the plaintiff makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice, the days of violation shall be presumed to include the date such notice and each day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature. Notice under this Section shall be accomplished by the issuance of a written notice of violation or written order to comply or by filing a complaint in the Navajo Nation District Court in Window Rock that alleges any violation described in Subsection (A) of this Section.
2. In determining the amount of a penalty assessed under this Section or § 2584, the court or the director, as the case may be, shall consider the history, severity and duration of the violation; any good faith efforts to comply with the applicable requirements; the violator's full compliance history, including the severity and duration of past violations, if any; the economic impact of the penalty on the violator; as an aggravating factor only, the economic benefit, if any resulting from the violation; and any other factors that the court or the Director deems relevant. All penalties collected pursuant to this Section shall be deposited in the PWS Fund or the UIC Fund, as the case may be, special revenue funds established under § 2573 of this Act.
CALCULATION OF PENALTIES. (a) Where any employee specified in clause 12(a) works hours which would entitle that employee to payment of more than one of the penalties payable in accordance with the shift work, weekend and public holiday work, and overtime provisions of this Agreement, only the highest of any such penalty shall be payable.
(b) In addition to the casual hourly rate for the relevant classification set out in Column 6 of the Table in clause 15(a) hereof, casual employees working shift work in accordance with clause 21, or on weekends or public holidays in accordance with clause 22 shall be paid the applicable loading expressed in clause 21 or clause 22 respectively, based on the hourly rate for the relevant classification set out in Column 5 of the Table in clause 15(a) hereof.
CALCULATION OF PENALTIES. 19.1 Where an Employee works hours which would entitle the Employee to payment of more than one of the penalties payable in accordance with:
(a) Clause 16 - Overtime;
(b) Clause 17 - Shift Penalties,
(c) Clause 18 - Weekend Penalties, and
(d) Clause 27 - Public Holidays,
CALCULATION OF PENALTIES. Where an Employee works hours which would entitle that Employee to payment of more than one of the penalties payable in accordance with Clauses 14 – Overtime, 17 – Shift Work; and 25 – Public Holidays of this Agreement, only the highest of any such penalty will be payable.
CALCULATION OF PENALTIES i. Each month there will be a cap (the “SLA Penalty Cap”) which shall initially be equal to One Hundred Thirty Eight Thousand and No/100 Dollars ($138,000) on the total Penalty Payments that may be owed by Servco to Client. Annually on January 30 of each year in which this Agreement is in effect commencing in 2017, the SLA Penalty Cap shall be adjusted based on the Fees charged for the prior year pursuant to the following formula: (total Fees payable for Services in the prior year ÷ 12) * 10%.
ii. In order to calculate the Penalty Payment during a particular month, the Parties shall add the percentage under the Penalty Allocation Percentage column of Exhibit C for each SLA that Servco failed to meet the required level during the applicable month and multiply the sum of such percentages by the SLA Penalty Cap, but in no event shall the Penalty Payment exceed the SLA Penalty Cap.
