Common use of Civil damages claims Clause in Contracts

Civil damages claims. (a) An employee receiving or who has received accident pay shall advise his employer of any action he may institute or any claim he may make for damages. Further the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgement or settlement on that injury. (b) Where an employee obtains a judgement or settlement for damages in respect of an injury for which he has received accident pay the employer's liability to pay accident pay shall cease from the date of such judgement or settlement; provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to his employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. (c) Where an employee obtains a judgement or settlement for damages against a person other than the employer in respect of an injury for which he as received accident pay the employer's liability to pay accident pay shall cease from the date of such judgement either in whole or part by the amount of accident pay made by the employer the employee shall pay to his employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Civil damages claims. (a) 31.8.1 An employee receiving or who has received accident pay shall advise his the employer of any action he he/she may institute or any claim he he/she may make for damages. Further the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgement or settlement on that injury. (b) 31.8.2 Where an employee obtains a judgement or settlement for damages in respect of an injury for which he he/she has received accident pay the employer's liability to pay accident pay shall cease from the date of such judgement or settlement; provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to his the employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. (c) 31.8.3 Where an employee obtains a judgement or settlement for damages against a person other than the employer in respect of an injury for which he as he/she has received accident pay the employer's liability to pay accident pay shall cease from the date of such judgement or settlement; provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to his the employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.

Appears in 1 contract

Samples: Workplace Agreement

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Civil damages claims. (a) An employee A practitioner receiving or who has received accident pay shall will advise his their employer of any action he the practitioner may institute or any claim he the practitioner may make for damages. Further the employee shallThe practitioner, if requested, will provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgement judgment or settlement on that injury. (b) Where an employee a practitioner obtains a judgement judgment or settlement for damages in respect of an injury for which he has they have received accident pay pay, the employer's liability to pay accident pay shall will cease from the date of such judgement judgment or settlement; provided that . However, if the judgement judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer employer, the employee shall practitioner will pay to his the employer any amount of accident pay already received in respect of that injury by which the judgement judgment or settlement has not been so reduced. (c) Where an employee a practitioner obtains a judgement judgment or settlement for damages against a person other than the employer in respect of an injury for which he as the practitioner has received accident pay pay, the employer's liability to pay accident pay shall will cease from the date of such judgement judgment or settlement. However, if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer employer, the employee shall practitioner will pay to his the employer any amount of accident pay already received in respect of that injury by which the judgement judgment or settlement has not been so reduced.

Appears in 1 contract

Samples: Single Enterprise Agreement

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