Common use of Civil damages claims Clause in Contracts

Civil damages claims. 27.8.1 An employee receiving or who has received accident pay shall advise his/her employer of any action he/she may institute or any claim he/she may make for damages. Further the employee shall, if requested, provide an authority to the Hospital entitling the Hospital to a charge upon any money payable pursuant to any judgement or settlement on that injury. 27.8.2 Where an employee obtains a judgement or settlement for damages in respect of an injury for which he/she has received accident pay the Hospital’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 t-be amount of accident pay made by the Hospital the employee shall pay to his/her employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. 27.8.3 Where an employee obtains a judgement or settlement for damage against a person other than the Hospital in respect of an injury for which he/she has received accident pay the Hospital’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 Hospital the employee shall pay to his/her employer any amount of accident pay already received in respect of that injury by which judgement or settlement has not been so reduced.

Appears in 2 contracts

Samples: Royal Children’s Hospital and Biomedical Engineers Agreement, Enterprise Agreement

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Civil damages claims. 27.8.1 An employee (a) A practitioner receiving or who has received accident pay shall advise his/her their employer of any action he/she they may institute or any claim he/she they may make for damages. Further the employee practitioner shall, if requested, provide an authority to the Hospital employer entitling the Hospital employer to a charge upon any money payable pursuant to any judgement or settlement on that injury. 27.8.2 (b) Where an employee a practitioner obtains a judgement or settlement for damages in respect of an injury for which he/she has they have received accident pay the Hospital’s 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 t-be the amount of accident pay made by the Hospital employer the employee practitioner shall pay to his/her their employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. 27.8.3 (c) Where an employee a practitioner obtains a judgement or settlement for damage against a person other than the Hospital employer in respect of an injury for which he/she has they have received accident pay the Hospital’s 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 Hospital employer the employee practitioner shall pay to his/her their employer any amount of accident pay already received in respect of that injury by which judgement or settlement has not been so reduced.

Appears in 1 contract

Samples: Ama, Barwon Health Full Time Hospital Specialists Certified Agreement 2001

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Civil damages claims. 27.8.1 38.9.1 An employee receiving or who has received accident pay shall advise his/her employer the Operator of any action he/she may institute or any claim he/she may make for damages. Further the employee shall, if requested, provide an authority to the Hospital Operator entitling the Hospital Operator to a charge upon any money payable pursuant to any judgement or settlement on that injury. 27.8.2 38.9.2 Where an employee obtains a judgement or settlement for damages in respect of an injury for which he/she has received accident pay the Hospital’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 t-be amount of accident pay made by the Hospital the employee shall pay to his/her employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. 27.8.3 Where an employee obtains a judgement or settlement for damage against a person other than the Hospital in respect of an injury for which he/she has received accident pay the Hospital’s Operator'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 Hospital Operator the employee shall pay to his/her employer the Operator any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced. 38.9.3 Where an employee obtains a judgement or settlement for damages against a person other than the Operator in respect of an injury for which he/she has received accident pay the Operator'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 Operator the employee shall pay to the Operator 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: Collective Agreement

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