Common use of Discussion Before Termination Clause in Contracts

Discussion Before Termination. a) Where the employer has made a definite decision that it no longer wishes the job the employee has been doing done by anyone pursuant to subclause (i)(a) and (b) of this clause and that decision may lead to the termination of employment, the employer shall hold discussions with the employee(s) directly affected and with the union(s) to which they belong. b) The discussion shall take place as soon as it is practicable after the employer has made a definite decision which shall invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of the terminations of the employee(s) concerned. Measures to mitigate the adverse effect on employees may include consideration of re-training opportunities, redeployment, recruitment advice, the payment of relocation allowances, provision of additional notice, access to an employee assistance program, financial advice and such other assistance as may be reasonably available. c) The employer shall not unreasonably refuse a request by an employee to work through the notice of termination period in subclause 39(v) to better enable the employee to explore opportunities to mitigate the adverse effects of workplace change. During such notice period, whilst the employee is able to undertake tasks and duties associated with their position, priority shall be given to activities that may enable the employee to find employment. Such activities may include, but not be limited to, training, redeployment opportunities, job interviews, financial advice and recruitment advice. d) For the purposes of the discussion, the employer shall, as soon as practicable, provide to the employee(s) concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and category of employee(s) likely to be effected and the number of employee(s) normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

Discussion Before Termination. a) Where Redundancy occurs where the employer has made a definite decision that it the employer no longer wishes the job the employee has been doing done by anyone pursuant and this is not due to subclause (i)(a) the ordinary and (customary turnover of labour. b) of this clause and Further, that where such decision may lead to the termination of employment, or any other significant effect on the employee, the employer shall hold discussions with the employee(semployees directly affected. For the purposes of this clause “significant effect” is defined as follows: (i) directly affected and with A reduction in hours and/or remuneration; or (ii) A proposed change to the union(semployee’s classification or major change in his/her duties; or (iii) Relocation/redeployment to which they belonganother location. bc) The discussion discussions referred to in subclause 42.1(b) shall take place as soon as it is practicable after the employer has made a definite decision which shall will invoke the provision of paragraph (asubclause 42.1(a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, ; measures to avoid or minimise the terminations terminations; and measures to mitigate any adverse effects of any terminations on the terminations of the employee(s) employees concerned. Measures to mitigate the adverse effect on employees may include consideration of re-training opportunities, redeployment, recruitment advice, the payment of relocation allowances, provision of additional notice, access to an employee assistance program, financial advice and such other assistance as may be reasonably available. c) The employer shall not unreasonably refuse a request by an employee to work through the notice of termination period in subclause 39(v) to better enable the employee to explore opportunities to mitigate the adverse effects of workplace change. During such notice period, whilst the employee is able to undertake tasks and duties associated with their position, priority shall be given to activities that may enable the employee to find employment. Such activities may include, but not be limited to, training, redeployment opportunities, job interviews, financial advice and recruitment advice. d) For the purposes of the discussion, discussion the employer shall, as soon as practicable, provide in writing to the employee(s) concerned and the union to which they belongemployees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and category categories of employee(s) employees likely to be effected affected, and the number of employee(s) workers normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall not be required to disclose confidential information information, the disclosure of which would adversely affect be inimical to the employer's interests.

Discussion Before Termination. a(i) Where the employer The Oasis Management has made a definite decision that it no longer wishes the job the employee has been doing done by anyone pursuant to subclause sub-clause (i)(aA)(i) and (bii) of this clause and that decision may lead to the termination of employment, the employer The Oasis Management shall hold discussions with the employee(s) employee directly affected effected and with the union(s) to which they belongUnion. b(ii) The discussion shall take place as soon as it is practicable after the employer The Oasis Management has made a definite decision which shall invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of the terminations of the employee(s) concerned. Measures to mitigate the adverse effect on employees may include consideration of re-training opportunities, redeployment, recruitment advice, the payment of relocation allowances, provision of additional notice, access to an employee assistance program, financial advice and such other assistance as may be reasonably available. c) The employer shall not unreasonably refuse a request by an employee to work through the notice of termination period in subclause 39(v) to better enable the employee to explore opportunities to mitigate the adverse effects of workplace change. During such notice period, whilst the employee is able to undertake tasks and duties associated with their position, priority shall be given to activities that may enable the employee to find employment. Such activities may include, but not be limited to, training, redeployment opportunities, job interviews, financial advice and recruitment advice. d(iii) For the purposes of the discussion, the employer The Oasis Management shall, as soon as practicable, provide to the employee(s) concerned and the union to which they belongUnion, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and category of employee(s) likely to be effected affected and the number of employee(s) normally employed and the period over which the terminations are likely to be carried out. Provided that the employer The Oasis Management shall not be required to disclose confidential information information; the disclosure of which would adversely affect the employerThe Oasis.