Common use of Civil damages Clause in Contracts

Civil damages. (a) An Employee receiving or who has received accident pay will advise their Employer of any action they may institute or any claim they make for damages. Further, the Employee will, 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 they have received accident pay the Employers liability to pay accident pay will cease from the date of such judgement or settlement, provided that 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, the Employee will pay to 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) 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 or she has received accident pay, the Employers liability to pay accident pay will 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 will pay to 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 14 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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Civil damages. (a) 96.12.1 An Employee receiving or who has received accident pay will shall advise their Employer of any action they may institute or any claim they make for damages. Further, the Employee willshall, 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) 96.12.2 Where an Employee obtains a judgement or settlement for damages in respect of an injury for which they have received accident pay the Employers liability to pay accident pay will shall cease from the date of such judgement or settlement, provided that 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, the Employee will shall pay to 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) 96.12.3 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 or she has received accident pay, the Employers liability to pay accident pay will 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 will shall pay to 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 5 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Civil damages. (a) An Employee receiving or who has received accident pay will advise their Employer of any action they may institute or any claim they make for damages. Further, the Employee will, 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 injuryInjury. (b) Where an Employee obtains a judgement or settlement for damages in respect of an injury Injury for which they have received accident pay the Employers liability to pay accident pay will cease from the date of such judgement or settlement, provided that 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, the Employee will pay to the Employer any amount of accident pay already received in respect of that injury 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 Injury for which he or she has received accident pay, the Employers liability to pay accident pay will 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 will pay to the Employer any amount of accident pay already received in respect of that injury Injury by which the judgement or settlement has not been so reduced.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Civil damages. (a) An Employee employee receiving or who has received accident pay will Accident Pay shall advise their Employer of any action they may institute or any claim they make for damages. Further, the Employee willemployee 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 employee obtains a judgement or settlement for damages in respect of an injury for which they have received accident pay Accident Pay the Employers liability to pay accident pay will cease from the date of such judgement or settlement, provided that 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, the Employee will pay to 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) 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 or she has received accident pay, the Employers liability to pay accident pay will 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 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) Where an employee obtains a judgement or settlement for damages against a person other than the Employer in respect of an injury for which they have received accident pay, the Employers liability to pay Accident Pay shall cease from the date of such judgement or settlement, provided that if the PART 10: ACCIDENT PAY, CLOTHING, EQUIPMENT ALLOWANCES 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 will employee shall pay to 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: Enterprise Agreement

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Civil damages. (a) An Employee receiving or who has received accident pay Accident Pay will advise their Employer of any action they may institute or any claim they make for damages. Further, the Employee will, 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 they have received accident pay Accident Pay the Employers liability to pay accident pay Accident Pay will cease from the date of such judgement or settlement, provided that if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay Accident Pay made by the Employer, the Employee will pay to the Employer any amount of accident pay 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 or she the Employee has received accident payAccident Pay, the Employers liability to pay accident pay Accident Pay will 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 Accident Pay made by the Employer, the Employee will pay to the Employer any amount of accident pay 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: Enterprise Agreement

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