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 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.

Client Cancellation. (a) Where a home care client cancels for reasons other than those outlined in sub-clause subclause (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 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 home care 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 reallocated 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. section 524 of the Act. (c) Notwithstanding the provisions in sub-clauses 16.3(b)(isubclauses 14.3(b)(i) to 16.3(b)(iv14.3(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.