Common use of Client Cancellation Clause in Contracts

Client Cancellation. (a) Where a home care client cancels for reasons other than those outlined in sub-clause (b), permanent employees shall be entitled to receive payment for their guaranteed minimum number of hours in that pay period. The employer may direct the employee to make-up time equivalent to the cancelled time, in that or the subsequent fortnightly period. This time may be made up by performing other activities which may include working with other home care clients or otherwise in a residential aged care facility. (b) Where the employer is unable to meet the guaranteed minimum number of hours of a permanent employee for reasons associated with death, hospitalisation or other like extenuating circumstances, the following procedures shall be followed in the sequence provided: (i) work shall be re-allocated from casual employees to the permanent employee; or (ii) hours shall be reallocated from another employee who is working hours additional to their guaranteed minimum number of hours; or (iii) where the employee agrees, the employee may have access to annual or long service leave; or (iv) the employee may be stood down by the employer in accordance with s. 524 of the Act. (c) Notwithstanding the provisions in sub-clauses 16.3(b)(i) to 16.3(b)(iv) inclusive, if after six weeks - or earlier if by mutual agreement - the employer is unable to provide the guaranteed minimum number of hours, the employer may initiate redundancy proceedings in accordance with Clause 32 - Redundancy. (d) Nothing in this clause shall prohibit the employee and employer reaching agreement as to a period of authorised unpaid leave.