Common use of CONTRACT OF SERVICE Clause in Contracts

CONTRACT OF SERVICE. 10.1 Subject as hereinafter provided no employee shall have services terminated unless he or she has received one week's previous notice of his or her termination or pay for such a period in lieu thereof. 10.2 No employee shall, without the consent of the employer, resign without first having given one week's previous notice of his or her intention to do so and in the absence of such notice, the employer may withhold holiday or other pay up to the amount of one week's wages. 10.3 Notwithstanding the provisions of Clause 10.1 but subject to Clause 23. – Personal Leave or Clause 25. - Bereavement Leave the employer shall be under no obligation to pay for any day or portion of a day not worked on which the employee is required to present himself or herself for duty. 10.4 The employer shall be entitled to deduct payment for any day or portion of a day upon which employee, including an apprentice, cannot be usefully employed because of any cessation of work by the Union or Unions affiliated with it or by any other association or Union or any stoppage of work by any cause which the employer cannot reasonably prevent. 10.5 Notice of termination of the contract of service shall not be given so as to take effect concurrently with annual leave. 10.6 The preceding provisions of this Clause shall not apply to casual employees. Two hours' notice shall be sufficient to terminate the services of a casual employee, except where such employee is dismissed for misconduct. 10.7 Nothing herein contained shall affect the employer's right to dismiss for misconduct without notice and in such cases wages shall be paid up to the time of dismissal only. 10.8 Upon commencement, employees shall be on probation for a period of four months. 10.9 Following satisfactory completion of the period of probation, the employees' appointment shall be confirmed by the employer. 10.10 The employee will carry out such duties which are within the limits of the employees' skill, competence and training, including work which is incidental or peripheral to the employees main tasks or functions, provided that such duties are not designed to promote xx-xxxxxxxx. 10.11 The employee will carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment. 10.12 Any direction issued by the employer pursuant to Clauses 10.10. & 10.11 shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act, 1984-1987 as amended.

CONTRACT OF SERVICE. 10.1 Subject as hereinafter provided no employee shall have services terminated unless he or she has received one week's previous notice (a) Each officer shall, upon engagement, be given a letter of his or her termination or pay for such a period in lieu thereofappointment wherein the general conditions of appointment are stated. 10.2 No employee shall, without the consent (b) This shall include statements of the employer, resign without first having given one week's previous notice of his or her intention to do so classification and in the absence of such notice, the employer may withhold holiday or other pay up salary step relevant to the amount appointment and the number of one week's wagesweeks of work per year, excluding annual leave, for which the officer has been engaged. 10.3 Notwithstanding (2) The letter of appointment shall not contain any provision which is inconsistent with or contrary to any provision of this Agreement. (3) During the provisions of Clause 10.1 but subject to Clause 23. – Personal Leave school vacation periods or Clause 25. - Bereavement Leave any part thereof during which an officer cannot be usefully employed, the employer shall be under no relieved of the obligation to pay for provide work and the officer shall not be entitled to the payment of salary in respect of any day such period during which no work is performed other than any period during which the officer is on annual leave or portion of a public holiday where the public holiday falls on a day not worked on which the employee is required officer would normally be employed to present himself or herself for dutywork. Provided that the maximum period covered by this subclause shall be eight (8) weeks in any one year. Such leave shall be termed ‘stand down’. 10.4 (4) Except in the case of a relief officer, the termination of service of any officer shall require a minimum period of notice as set out below: (a) Employer’s period of notice Officer’s period of continuous service Employer’s period of Notice Up to 3 years at least 2 weeks More than 3 years but less then 5 years at least 3 weeks More than 5 years at least 4 weeks If the officer is over 45 years of age and has served at least two (2) years of continuous service this notice is to be increased by one (1) week. (b) Officer’s period of notice. Termination of service by an officer shall require a minimum of two (2) weeks’ notice. (c) Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. (d) The employer may pay out notice in which case the employment ends on the date when the notice is given. (e) The employer can deduct monies owed by the employee from any monies owed to the employee by the employer. (f) The requirements of this subclause may be waived in part or whole by mutual agreement between the officer and the employer. (g) During the period of notice of termination given by Scotch College an employee shall be entitled allowed up to deduct payment one day’s time off without loss of pay during each week of notice for any day or portion the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. (5) The contract of service of a day upon which employeetemporary officer shall be terminable at any time by either party giving not less than one week's notice, including an apprenticeexcept in the case of continuous service exceeding one year, cannot notice shall be usefully employed because as prescribed in subclause (4) of any cessation this clause. (6) The engagement of work a relief officer shall be by the Union or Unions affiliated with it or by any other association or Union or any stoppage day and where the period of work by any cause which employment exceeds five days the employer cannot reasonably prevent. 10.5 Notice notice of termination of service shall be one day. Where the contract of service employment is for five days or less the engagement shall be considered to be a specific period and notice shall not be given so as to take effect concurrently with annual leaverequired. 10.6 The preceding provisions (7) A part-time officer shall receive payment for sick leave, long service leave and annual leave in the proportion of this Clause shall not apply which his/her hours and/or weeks worked bear to casual employees. Two hours' notice shall be sufficient to terminate the services hours and/or weeks worked of a casual employee, except where such employee is dismissed for misconductfull-time officer. 10.7 (8) Scotch College shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. (9) Nothing herein contained shall affect within this clause detracts from the employer's right to dismiss summarily any officer for misconduct without notice and serious misconduct, in such cases wages which case salary shall be paid up to the time of dismissal only. 10.8 Upon commencement, employees shall be on probation for a period of four months. 10.9 Following satisfactory completion of the period of probation, the employees' appointment shall be confirmed by the employer. 10.10 The employee will carry out such duties which are within the limits of the employees' skill, competence and training, including work which is incidental or peripheral to the employees main tasks or functions, provided that such duties are not designed to promote xx-xxxxxxxx. 10.11 The employee will carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment. 10.12 Any direction issued by the employer pursuant to Clauses 10.10. & 10.11 shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act, 1984-1987 as amended.

CONTRACT OF SERVICE. 10.1 Subject as hereinafter provided no employee shall have services terminated unless he or she has received one week's previous notice of his or her termination or pay for such a period in lieu thereof. 10.2 No (a) Each employee shall, without upon engagement, be given a letter of appointment wherein the consent general conditions of employment are stated. (b) This shall include statements of: (i) the employer, resign without first having given one week's previous notice of his or her intention to do so and in classification ; (ii) the absence of such notice, the employer may withhold holiday or other pay up wages step relevant to the amount appointment; (iii) the number of one hours per week's wages.; 10.3 Notwithstanding (iv) the provisions of Clause 10.1 but subject to Clause 23. – Personal Leave or Clause 25. - Bereavement Leave the employer shall be under no obligation to pay for any day or portion of a day not worked on which weeks per year the employee is required engaged for; (v) whether the position is ongoing or temporary and why the position is temporary; and/or (vi) any other matter specific to present himself or herself for dutythe contract. 10.4 (c) When an employee accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary. The employer probationary period will not exceed 3 months and the employee shall be entitled subject to deduct payment for appraisal in the third month of employment so as to confirm ongoing employment. (2) The letter of appointment shall not contain any day provision that is inconsistent with or portion contrary to any provision of this Agreement. (3) Except in the case of a day upon which casual, temporary or relief employee, including an apprentice, cannot be usefully employed because the termination of service of any cessation employee shall require a minimum period of work notice as set out below: (a) Employer’s period of notice Up to 3 years at least 2 weeks More than 3 years up to 5 years at least 3 weeks More than 5 years at least 4 weeks If the employee is over 45 years of age and has served at least 2 years of continuous service this notice is to be increased by the Union or Unions affiliated with it or by any other association or Union or any stoppage of work by any cause which the employer cannot reasonably prevent1 week. 10.5 (b) Notice of termination of service by an employee shall require a minimum of two (2) weeks’ notice. (c) Failure to give the contract required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. (d) The requirements of this subclause may be waived in part or whole by mutual agreement between the employee and the employer. (4) A temporary employee shall be employed in a part-time or full-time capacity for a period greater than 4 weeks’ continuous service, and not more than a period of 12 months continuous service, except in the case of parental leave. (5) Where the period of employment of a casual employee exceeds 5 days the notice of termination of service shall be 1 day. Where the employment is for 5 days or less the engagement shall be considered to be a specific period and notice shall not be given so as to take effect concurrently with annual leaverequired. 10.6 The preceding provisions (6) A part-time employee shall have an entitlement to sick leave, long service leave and annual leave on a pro rata basis in the proportion of this Clause shall not apply which his/her hours and/or weeks worked bear to casual employees. Two hours' notice the hours and/or weeks worked of a full-time employee. (7) Upon termination a statement of service and a separate reference when requested by the employee shall be sufficient provided to terminate the services of a casual employee, except where such employee is dismissed for misconductby the employer. 10.7 (8) Nothing herein contained shall affect within this clause detracts from the employer's right to dismiss summarily any employee for misconduct without notice serious misconduct, in which case salary and in such cases wages entitlements shall be paid up to the time of dismissal only. 10.8 Upon commencement, employees shall be on probation for a period of four months. 10.9 Following satisfactory completion of the period of probation, the employees' appointment shall be confirmed by the employer. 10.10 (9) The employer may direct an employee will to carry out such duties which as are within the limits of the employees' employee's skill, competence and training, including work which is incidental or peripheral to training consistent with the employees main tasks or functionsclassification structure of this Agreement, provided that such duties are not designed to promote xx-xxxxxxxx. 10.11 The employee will carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment. 10.12 Any direction issued by the employer pursuant to Clauses 10.10. & 10.11 shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act, 1984-1987 as amended.

CONTRACT OF SERVICE. 10.1 Subject as hereinafter provided no employee shall have services terminated unless he or she has received one week's previous notice (a) Each officer shall, upon engagement, be given a letter of his or her termination or pay for such a period in lieu thereofappointment wherein the general conditions of appointment are stated. 10.2 No employee shall, without the consent (b) This shall include statements of the employer, resign without first having given one week's previous notice of his or her intention to do so classification and in the absence of such notice, the employer may withhold holiday or other pay up salary step relevant to the amount appointment and the number of one week's wagesweeks of work per year, excluding annual leave, for which the officer has been engaged. 10.3 Notwithstanding (2) The letter of appointment shall not contain any provision which is inconsistent with or contrary to any provision of this Agreement. (3) During the provisions of Clause 10.1 but subject to Clause 23. – Personal Leave school vacation periods or Clause 25. - Bereavement Leave any part thereof during which an officer cannot be usefully employed, the employer shall be under no relieved of the obligation to pay for provide work and the officer shall not be entitled to the payment of salary in respect of any day such period during which no work is performed other than any period during which the officer is on annual leave or portion of a public holiday where the public holiday falls on a day not worked on which the employee is required officer would normally be employed to present himself or herself for dutywork. Provided that the maximum period covered by this subclause shall be eight (8) weeks in any one year. Such leave shall be termed ‘stand down’. 10.4 (4) Except in the case of a relief officer, the termination of service of any officer shall require a minimum period of notice as set out below: (a) Employer’s period of notice Officer’s period of continuous service Employer’s period of Notice Up to 3 years at least 2 weeks More than 3 years but less then 5 years at least 3 weeks More than 5 years at least 4 weeks If the officer is over 45 years of age and has served at least two (2) years of continuous service this notice is to be increased by one (1) week. (b) Officer’s period of notice. Termination of service by an officer shall require a minimum of two (2) weeks’ notice. (c) Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. The employer shall be entitled to may pay out notice in which case the employment ends on the date when the notice is given. The employer can deduct payment for any day or portion of a day upon which employee, including an apprentice, cannot be usefully employed because of any cessation of work monies owed by the Union or Unions affiliated with it or by employee from any other association or Union or any stoppage of work by any cause which the employer cannot reasonably prevent. 10.5 Notice of termination of the contract of service shall not be given so as to take effect concurrently with annual leave. 10.6 The preceding provisions of this Clause shall not apply to casual employees. Two hours' notice shall be sufficient to terminate the services of a casual employee, except where such employee is dismissed for misconduct. 10.7 Nothing herein contained shall affect the employer's right to dismiss for misconduct without notice and in such cases wages shall be paid up monies owed to the time of dismissal only. 10.8 Upon commencement, employees shall be on probation for a period of four months. 10.9 Following satisfactory completion of the period of probation, the employees' appointment shall be confirmed employee by the employer. 10.10 The employee will carry out such duties which are within the limits of the employees' skill, competence and training, including work which is incidental or peripheral to the employees main tasks or functions, provided that such duties are not designed to promote xx-xxxxxxxx. 10.11 The employee will carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment. 10.12 Any direction issued by the employer pursuant to Clauses 10.10. & 10.11 shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act, 1984-1987 as amended.

CONTRACT OF SERVICE. 10.1 Subject as hereinafter provided no employee shall have services terminated unless he or she has received one week's previous notice of his or her termination or pay for such a period in lieu thereof. 10.2 No (a) An employee shall, upon engagement, be given a letter of appointment in which any special conditions of his/her appointment are stated. A copy of that letter shall be retained by the association and signed by the employee. This sub-clause shall not apply to relief staff. The conditions stated in the letter of appointment shall, while the employment continues, be observed by the parties and shall not be subject to any alteration of significance without the consent of the employeremployee. (a) of this subclause does not authorise the inclusion in a letter of appointment any provision which is inconsistent with or contrary to any provision of this agreement. (b) SCEA and employees recognise that the requirements for Education Assistants can vary depending on the needs of particular students within a school, resign without first having given one week's previous the levels of enrolments and any specifically funded positions and programs. Accordingly both parties acknowledge the operational requirements of fixed-term contracts and flexibility to move Education Assistants within and between SCEA schools or to vary the workload of Education Assistants. Such adjustments shall require reasonable notice of his or her intention to do so (and in no case less notice than that specified in Clause 14.1(c)) and shall be made with due consideration to the absence equitable treatment of such noticeEducation Assistants within the school. (c) Except in the case of a relief officer, the employer may withhold holiday or other pay up to the amount termination of one week's wages. 10.3 Notwithstanding the provisions service of Clause 10.1 but subject to Clause 23. – Personal Leave or Clause 25. - Bereavement Leave any officer shall require a minimum period of notice by the employer shall be under no obligation as follows: Officer’s period of continuous service Employer’s period of Notice Up to pay for any day or portion of a day not worked on which 3 years 10 working days More than 3 years but less then 5 years 15 working days More than 5 years 20 working days If the employee is over 45 years of age and has served at least two (2) years of continuous service this notice is to be increased by 10 working days. SCEA may terminate the employment of an employee who is unable to meet the requirements of the job for whatever reasons, including long-term absence from work or irregular attendance. SCEA shall give the notice required in this sub-clause and shall not act harshly or without providing the employee with reasonable opportunity and support to present himself or herself address their inability to meet the requirements of the job. In the case of long-term absence from work due to ill health, SCEA shall consider the length of service of the employee and the prognosis for dutyreturn to an effective role prior to terminating their appointment. The parties agree that SCEA may terminate (with appropriate notice) the employment of an employee, who has been: • employed less than one year after ten weeks absence • employed for one to five years after four calendar months absence • employed for over five years after six calendar months absence Subject to the conditions of the Income Protection Policy, the entitlement of a staff member to continued Income Protection benefits for a claim approved by the insurer prior to termination will generally not cease on account of termination under this clause. 10.4 The employer (d) For the purposes of this clause, working days shall be entitled include all weekdays (Monday to deduct payment for any day Friday inclusive). But exclude all Public Holidays and weekdays that the school, college or portion of a day upon which employee, including an apprentice, cannot be usefully employed because of any cessation of work by the Union or Unions affiliated with it or by any other association or Union or any stoppage of work by any cause which the employer cannot reasonably preventsystem office is officially closed. 10.5 Notice (e) Termination of service by an officer shall require a minimum of 10 working days’ notice. Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. The requirements of this subclause may be waived in part or whole by mutual agreement between the officer and the employer. (f) Upon termination of the contract a statement of service shall not be given so as provided to take effect concurrently with annual leavethe employee by the employer. 10.6 The preceding provisions of (g) Nothing within this Clause shall not apply to casual employees. Two hours' notice shall be sufficient to terminate the services of a casual employee, except where such employee is dismissed for misconduct. 10.7 Nothing herein contained shall affect clause detracts from the employer's right to dismiss summarily any employee for serious misconduct without notice and in such cases wages which case salary shall be paid up to the time of dismissal only. 10.8 Upon commencement, employees shall be on probation for a period of four months. 10.9 Following satisfactory completion of the period of probation, the employees' appointment shall be confirmed by the employer. 10.10 The employee will carry out such duties which are within the limits of the employees' skill, competence and training, including work which is incidental or peripheral to the employees main tasks or functions, provided that such duties are not designed to promote xx-xxxxxxxx. 10.11 The employee will carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment. 10.12 Any direction issued by the employer pursuant to Clauses 10.10. & 10.11 shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act, 1984-1987 as amended.

CONTRACT OF SERVICE. 10.1 Subject as hereinafter provided no employee shall have services terminated unless he or she has received one week's previous notice of his or her termination or pay for such a period in lieu thereof. 10.2 No (a) Each employee shall, without upon engagement, be given a letter of appointment wherein the consent general conditions of employment are stated. (b) This shall include statements of: (i) the employer, resign without first having given one week's previous notice of his or her intention to do so and in classification ; (ii) the absence of such notice, the employer may withhold holiday or other pay up wages step relevant to the amount appointment; (iii) the number of one hours per week's wages.; 10.3 Notwithstanding (iv) the provisions of Clause 10.1 but subject to Clause 23. – Personal Leave or Clause 25. - Bereavement Leave the employer shall be under no obligation to pay for any day or portion of a day not worked on which weeks per year the employee is required engaged for; (v) whether the position is ongoing or temporary and why the position is temporary; and/or (vi) any other matter specific to present himself or herself for dutythe contract. 10.4 (c) When an employee accepts an appointment within the Catholic system in Western Australia for the first time, the appointment is probationary. The employer probationary period will not exceed 3 months and the employee shall be entitled subject to deduct payment for appraisal in the third month of employment so as to confirm ongoing employment. (2) The letter of appointment shall not contain any day provision that is inconsistent with or portion contrary to any provision of this Agreement. (3) Except in the case of a day upon which casual, temporary or relief employee, including an apprentice, cannot be usefully employed because the termination of service of any cessation employee shall require a minimum period of work notice as set out below: (a) Employer’s period of notice Up to 3 years More than 3 years up to 5 years at least 2 weeks at least 3 weeks More than 5 years at least 4 weeks If the employee is over 45 years of age and has served at least 2 years of continuous service this notice is to be increased by the Union or Unions affiliated with it or by any other association or Union or any stoppage of work by any cause which the employer cannot reasonably prevent1 week. 10.5 (b) Notice of termination of service by an employee shall require a minimum of two (2) weeks’ notice. (c) Failure to give the contract required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served. (d) The requirements of this subclause may be waived in part or whole by mutual agreement between the employee and the employer. (4) A temporary employee shall be employed in a part-time or full-time capacity for a period greater than 4 weeks’ continuous service, and not more than a period of 12 months continuous service, except in the case of parental leave. (5) Where the period of employment of a casual employee exceeds 5 days the notice of termination of service shall be 1 day. Where the employment is for 5 days or less the engagement shall be considered to be a specific period and notice shall not be given so as to take effect concurrently with annual leaverequired. 10.6 The preceding provisions (6) A part-time employee shall have an entitlement to sick leave, long service leave and annual leave on a pro rata basis in the proportion of this Clause shall not apply which his/her hours and/or weeks worked bear to casual employees. Two hours' notice the hours and/or weeks worked of a full-time employee. (7) Upon termination a statement of service and a separate reference when requested by the employee shall be sufficient provided to terminate the services of a casual employee, except where such employee is dismissed for misconductby the employer. 10.7 (8) Nothing herein contained shall affect within this clause detracts from the employer's right to dismiss summarily any employee for misconduct without notice serious misconduct, in which case salary and in such cases wages entitlements shall be paid up to the time of dismissal only. 10.8 Upon commencement, employees shall be on probation for a period of four months. 10.9 Following satisfactory completion of the period of probation, the employees' appointment shall be confirmed by the employer. 10.10 (9) The employer may direct an employee will to carry out such duties which as are within the limits of the employees' employee's skill, competence and training, including work which is incidental or peripheral to training consistent with the employees main tasks or functionsclassification structure of this Agreement, provided that such duties are not designed to promote xx-xxxxxxxx. 10.11 The employee will carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment. 10.12 Any direction issued by the employer pursuant to Clauses 10.10. & 10.11 shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act, 1984-1987 as amended.