Civil damages claims. (a) An employee receiving, or who has received, accident pay, shall advise the Company of any action the employee may institute or any claim the employee may make for damages. Further, the employee shall, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury. (b) Where an employee obtains a verdict for damages in respect of an injury for which the employee has received accident pay, the Company's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, the employee shall pay to the Company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced. (c) Where an employee obtains a verdict for damages against a person, other than the Company in respect of an injury for which the employee has received accident pay, the Company's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, the employee shall pay to the Company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Collective Agreement
Civil damages claims. (a) An employee receiving, receiving or who has received, received accident pay, shall pay will advise the Company of any action the employee they may institute or any claim the employee they may make for damages. Further, Further the employee shallwill, if requestedrequired, authorise the Company to obtain information as to the progress of such action or claim from their employee's solicitors and will if required provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury.
(b) Where an employee obtains a verdict for damages against the Company or is paid an amount of money in settlement of any claim for damages that they had made against the Company in respect of an injury for which the employee they has received accident pay, pay the Company's liability to pay accident pay shall will cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, Company the employee shall immediately upon payment of such verdict or amount in settlement will pay to the Company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
(c) Where an employee obtains a verdict for damages against a person, person other than the Company or is paid an amount of money in settlement of any claim for damages that they had made against such person in respect of an injury for which the employee they has received accident pay, pay the Company's liability to pay accident pay shall will cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, Company the employee shall will pay to the Company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
Appears in 1 contract
Samples: Enterprise Agreement
Civil damages claims. (a) 38.8.1 An employee receiving, receiving or who has received, received accident pay, pay shall advise the Company his/her employer of any action the employee he/she may institute or any claim the employee he/she may make for damages. Further, Further the employee shall, if requested, provide an authority to the Company employer entitling the Company employer to a charge upon any money payable pursuant to any verdict judgement or settlement on that injury.
(b) 38.8.2 Where an employee obtains a verdict for damages in respect of an injury for which the employee he/she has received accident pay, pay the Companyemployer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Companyemployer, the employee shall pay to the Company his/her employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
(c) 38.8.3 Where an employee obtains a verdict for damages against a person, person other than the Company employer in respect of an injury for which the employee he/she has received accident pay, pay the Companyemployer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Companyemployer, the employee shall pay to the Company his/her employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
Appears in 1 contract
Samples: Sda Campbells Cash & Carry Pty LTD Victoria Agreement 2006
Civil damages claims. (a) An employee receiving, receiving or who has received, received accident pay, pay shall advise the Company PMS of any action the employee that may institute be instituted or any claim the employee that may make be made for damages. Further, the employee shall, if requestedrequired, authorise PMS to obtain information as to the progress of such action or claim from the employee's solicitors and shall, if required, provide an authority to the Company PMS entitling the Company PMS to a charge upon any money payable pursuant to any verdict or to settlement on that injury.
(b) Where an employee obtains a verdict for damages from PMS or is paid an amount of money in settlement of any claim for damages that has been made against PMS in respect of any injury for which accident pay has been received, PMS's liability to pay accident pay shall cease from the date of such verdict, provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by PMS the employee immediately upon payment of such verdict or amount in settlement shall pay PMS any amount of accident pay already received in respect of that injury by which the credit has not been so reduced.
(c) Where an employee obtains a verdict for damages against a person other than PMS or is paid an amount of money in settlement of any claim for damages that has been made against such person in respect of an injury for which the employee accident pay has received accident paybeen received, the CompanyPMS's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced reduced, either in whole or part in part, by the amount of accident pay made by the CompanyPMS, the employee shall pay to the Company PMS any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
(c) Where an employee obtains a verdict for damages against a person, other than the Company in respect of an injury for which the employee has received accident pay, the Company's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, the employee shall pay to the Company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
Appears in 1 contract
Samples: Programmed Maintenance Services Limited Myer Stores Greenfields Agreement
Civil damages claims. (a) 19.11.1 An employee receiving, who is receiving or who has received, received accident pay, shall pay must advise the Company his or her employer of any action the employee he or she may institute bring or any claim the employee he or she may make for damages. FurtherIf required to do so by the employer, the employee shallmust authorise the employer to obtain information as to the progress of such action or claim from the employee's solicitors and, again if requestedrequired, must provide an authority to the Company entitling employer allowing the Company employer to a charge upon any money payable pursuant to under any verdict or settlement on that injury.
(b) Where 19.11.2 If an employee obtains a verdict for damages against the employer or is paid an amount in respect settlement of any claim for damages against the employer for an injury for which the employee he or she has received accident pay, the Companyemployer's liability to pay accident pay shall cease will end from the date of such the verdict; provided that if . If the verdict for damages is not reduced either wholly or in whole or part by the amount of accident pay made by the Companyemployer, the employee shall must pay to the Company employer any amount of accident pay already received in respect of that injury immediately upon payment of the verdict or amount in settlement.
19.11.3 If an employee obtains a verdict for damages against a person other than the employer or is paid an amount in settlement of any claim for damages against such person for an injury for which he or she has received accident pay, the employer’s liability to pay accident pay will end from the date of the verdict. If the verdict for damages is not reduced either wholly or in part by the amount of accident pay made by the employer, the employee must pay to the employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
(c) Where an employee obtains a verdict for damages against a person, other than the Company in respect of an injury for which the employee has received accident pay, the Company's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, the employee shall pay to the Company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
Appears in 1 contract
Samples: Collective Agreement
Civil damages claims. (a) 32.10.1 An employee receiving, receiving or who has received, received accident pay, pay shall advise the Company his/her employer of any action the employee he/she may institute or any claim the employee he/she may make for damages. Further, Further the employee shall, if requested, provide an authority to the Company employer entitling the Company employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.
(b) 32.10.2 Where an employee obtains a verdict for damages in respect of an injury for which the employee he/she has received accident pay, pay the Companyemployer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, employer the employee shall pay to the Company his/her employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
(c) 32.10.3 Where an employee obtains a verdict for damages against a person, person other than the Company employer in respect of an injury for which the employee he/she has received accident pay, pay the Companyemployer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Company, employer the employee shall pay to the Company his/her employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
Appears in 1 contract
Samples: Collective Agreement