Common use of Client Cancellation Clause in Contracts

Client Cancellation. (a) Clause 22 applies where a client cancels a scheduled home care service, within 7 days of the scheduled service, which a full-time or part-time Employee was rostered to provide. For the purposes of Clause 22, a client cancellation includes where a client reschedules a scheduled home care service. (b) Where a service is cancelled by a client under Clause 22(a), the Employer may either: (i) direct the Employee to perform other work during those hours in which they were rostered; or (ii) cancel the rostered shift or the affected part of the shift. (c) Where clause 22 (b) (i) applies, the Employee will be paid the amount payable had the Employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. (d) Where clause 22.2(b) (ii) applies, the Employer must either: (i) pay the Employee the amount they would have received had the shift or part of the shift not been cancelled; or (ii) subject to clause 22.2 (e), provide the Employee with make-up time in accordance with clause 22(f). (e) The make-up time arrangement can only be used where the Employee was notified of the cancelled shift (or part thereof) at least 12 hours prior to the scheduled commencement of the cancelled service. If less than 12 hours’ notice is provided, clause 22 (d) (i) applies. (f) Where the Employer elects to provide make-up time: (i) the Employer must provide the Employee with 7 days’ notice of the make- up time (or a lesser period by agreement with the Employee); and, (ii) the make-up time must be worked within 6 weeks of the date of the cancelled service; (iii) the Employer must consult with the Employee in accordance with clause 40 Consultation Regarding Major Workplace Change about changes to rosters or hours of work regarding when the make-up time is to be worked; (iv) the make-up time can include work with other clients or in other areas of the Employer’s business provided the Employee has the skill and competence to perform the work; and (v) an Employee who works make-up time will be paid the amount payable had the Employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater.

Client Cancellation. (a) Clause 22 applies where a client cancels a scheduled home care service, within 7 days of the scheduled service, which a full-time or part-time Employee was rostered to provide. For the purposes of Clause 22, a client cancellation includes where a client reschedules a scheduled home care service. (b) Where a service is cancelled by a client under Clause 22(a), the Employer may either: (i) direct the Employee to perform other work during those hours in which they were rostered; or (ii) cancel the rostered shift or the affected part of the shift. (c) Where clause 22 (b) (i) applies, the Employee will be paid the amount payable had the Employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. (d) Where clause 22.2(b) (ii) applies, the Employer must either: (i) pay the Employee the amount they would have received had the shift or part of the shift not been cancelled; or (ii) subject to clause 22.2 (e), provide the Employee with make-up time in accordance with clause 22(f). (e) The make-up time arrangement can only be used where the Employee was notified of the cancelled shift (or part thereof) at least 12 hours prior to the scheduled commencement of the cancelled service. If less than 12 hours’ notice is provided, clause 22 (d) (i) applies. (f) Where the Employer elects to provide make-up time: (i) : the Employer must provide the Employee with 7 days’ notice of the make- make-up time (or a lesser period by agreement with the Employee); and, (ii) , the make-up time must be worked within 6 weeks of the date of the cancelled service; (iii) ; the Employer must consult with the Employee in accordance with clause 40 Consultation Regarding Major Workplace Change about changes to rosters or hours of work regarding when the make-up time is to be worked; (iv) ; the make-up time can include work with other clients or in other areas of the Employer’s business provided the Employee has the skill and competence to perform the work; and (v) and an Employee who works make-up time will be paid the amount payable had the Employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. (j) Clause 22 is intended to operate in conjunction with clause 40 and does not prevent the Employer from changing a roster under clause 40.

Client Cancellation. (a) Clause 22 25.5 applies where a client cancels a scheduled home care or disability service, within 7 days of the scheduled service, which a full-time or part-time Employee employee was rostered to provide. For the purposes of Clause 22clause 25, a client cancellation includes where a client reschedules a scheduled home care or disability service. (b) 25.1 Where a service is cancelled by a client under Clause 22(a)clause 25 , the Employer employer may either: (iA) direct the Employee employee to perform other work during those hours in which they were rostered; or (iiB) cancel the rostered shift or the affected part of the shift. (c) 25.2 Where clause 22 25.5.1 (b) (iA) applies, the Employee employee will be paid the amount payable had the Employee employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. (d) 25.3 Where clause 22.2(b) 25.1 (iiB) applies, the Employer employer must either: (iA) pay the Employee employee the amount they would have received had the shift or part of the shift not been cancelled; or (iiB) subject to clause 22.2 (e)25.4, provide the Employee employee with make-up time in accordance with clause 22(f)25.5. (e) 25.4 The make-up time arrangement can only be used where the Employee employee was notified of the cancelled shift (or part thereof) at least 12 hours prior to the scheduled commencement of the cancelled service. If less than 12 hours’ notice is provided, clause 22 25.3 (d) (iA) applies. (f) 25.5 Where the Employer employer elects to provide make-up time: (iA) despite clause 20.1, the Employer employer must provide the Employee employee with 7 days’ notice of the make- make-up time (or a lesser period by agreement with the Employeeemployee); and,; (iiB) the make-up time must be worked within 6 weeks of the date of the cancelled service; (iiiC) the Employer employer must consult with the Employee employee in accordance with clause 40 clauses 12.6, 12.7, 12.8, 12.9, and 12.10 — Consultation Regarding Major Workplace Change about changes to rosters or hours of work regarding when the make-up time is to be worked; (ivD) the make-up time can include work with other clients or in other areas of the Employeremployer’s business provided the Employee employee has the skill and competence to perform the work; and (vE) an Employee employee who works make-up time will be paid the amount payable had the Employee employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. 25.6 Clause 25 is intended to operate in conjunction with clause 20.3 and does not prevent an employer from changing a roster under clause 20.3 (b) (i) or 20.3 (b) (ii).

Client Cancellation. (a) Clause 22 25.5 applies where a client cancels a scheduled home care or disability service, within 7 days of the scheduled service, which a full-time or part-time Employee employee was rostered to provide. For the purposes of Clause 22clause 25, a client cancellation includes where a client reschedules a scheduled home care or disability service. (b) 25.1 Where a service is cancelled by a client under Clause 22(a)clause 25 , the Employer employer may either: (iA) direct the Employee employee to perform other work during those hours in which they were rostered; or (iiB) cancel the rostered shift or the affected part of the shift. (c) 25.2 Where clause 22 25.5.1 (b) (iA) applies, the Employee employee will be paid the amount payable had the Employee employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. (d) 25.3 Where clause 22.2(b) 25.1 (iiB) applies, the Employer employer must either: (iA) pay the Employee employee the amount they would have received had the shift or part of the shift not been cancelled; or (iiB) subject to clause 22.2 (e)25.4, provide the Employee employee with make-up time in accordance with clause 22(f)25.5. (e) 25.4 The make-up time arrangement can only be used where the Employee employee was notified of the cancelled shift (or part thereof) at least 12 hours prior to the scheduled commencement of the cancelled service. If less than 12 hours’ notice is provided, clause 22 25.3 (d) (iA) applies. (f) 25.5 Where the Employer employer elects to provide make-up time: (iA) despite clause 20.1, the Employer employer must provide the Employee employee with 7 days’ notice of the make- make-up time (or a lesser period by agreement with the Employeeemployee); and,; (iiB) the make-up time must be worked within 6 weeks of the date of the cancelled service; (iiiC) the Employer employer must consult with the Employee employee in accordance with clause 40 12.6 — Consultation Regarding Major Workplace Change about changes to rosters or hours of work regarding when the make-up time is to be worked; (ivD) the make-up time can include work with other clients or in other areas of the Employeremployer’s business provided the Employee employee has the skill and competence to perform the work; and (vE) an Employee employee who works make-up time will be paid the amount payable had the Employee employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. 25.6 Clause 25 is intended to operate in conjunction with clause 20.2 and does not prevent an employer from changing a roster under clauses 20.2 (b) or 20.3 (c).

Client Cancellation. (a) Clause 22 applies where a client cancels a scheduled home care service, within 7 days of the scheduled service, which a full-time or part-time Employee was rostered to provide. For the purposes of Clause 22, a client cancellation includes where a client reschedules a scheduled home care service. (b) Where a service is cancelled by a client under Clause 22(a), the Employer may either: (i) direct the Employee to perform other work during those hours in which they were rostered; or (ii) cancel the rostered shift or the affected part of the shift. (c) Where clause 22 (b) (i) applies, the Employee will be paid the amount payable had the Employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. (d) Where clause 22.2(b) (ii) applies, the Employer must either: (i) pay the Employee the amount they would have received had the shift or part of the shift not been cancelled; or (ii) subject to clause 22.2 (e), provide the Employee with make-up time in accordance with clause 22(f). (e) The make-up time arrangement can only be used where the Employee was notified of the cancelled shift (or part thereof) at least 12 hours prior to the scheduled commencement of the cancelled service. If less than 12 hours’ notice is provided, clause 22 (d) (i) applies. (f) Where the Employer elects to provide make-up time: (i) the Employer must provide the Employee with 7 days’ notice of the make- make-up time (or a lesser period by agreement with the Employee); and, (ii) the make-up time must be worked within 6 weeks of the date of the cancelled service; (iii) the Employer must consult with the Employee in accordance with clause 40 Consultation Regarding Major Workplace Change about changes to rosters or hours of work regarding when the make-up time is to be worked; (iv) the make-up time can include work with other clients or in other areas of the Employer’s business provided the Employee has the skill and competence to perform the work; and (v) an Employee who works make-up time will be paid the amount payable had the Employee performed the cancelled service or the amount payable in respect of the work actually performed, whichever is the greater. (j) Clause 22 is intended to operate in conjunction with clause 40 and does not prevent the Employer from changing a roster under clause 40.