Discussion Before Termination. a) Redundancy occurs where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour. b) Further, that where such decision may lead to termination of employment, or any other significant effect on the employee, the employer shall hold discussions with the employees directly affected. For the purposes of this clause “significant effect” is defined as follows: (i) A reduction in hours and/or remuneration; or (ii) A proposed change to the employee’s classification or major change in his/her duties; or (iii) Relocation/redeployment to another location. c) The discussions referred to in subclause 42.1(b) shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subclause 42.1(a) 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 any terminations on the employees concerned. d) For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of 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, the disclosure of which would be inimical to the employer's interests.
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Samples: Aged Care Residential & Community Services Agreement, Aged Care Residential & Community Services Agreement
Discussion Before Termination. a(i) Redundancy occurs where the employer Where XXX has made a definite decision that the employer it no longer wishes the job the employee has been doing done by anyone pursuant to clause 37.1 and this is not due to the ordinary and customary turnover of labour.
b) Further, that where such decision may lead to the termination of employment, or any other significant effect on the employee, the employer shall XXX will hold discussions with the employees employee directly affected. For effected and with the purposes of this clause “significant effect” is defined as follows:
(i) A reduction in hours and/or remuneration; orunion to which they belong.
(ii) A proposed change to the employee’s classification or major change in his/her duties; or
(iii) Relocation/redeployment to another location.
c) The discussions referred to in subclause 42.1(b) shall discussion will take place as soon as it is practicable after the employer XXX has made a definite decision which will invoke the provision of subclause 42.1(aclause 37.3 (i) and shall will 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 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 employees concernedpayment of relocation allowances, provision of additional notice, access to an employee assistance program, financial advice and such other assistance as may be reasonably available.
d(iii) For the purposes of the discussion the employer shalldiscussion, KEE will, as soon as practicable, provide in writing to the employees concernedemployee(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 categories category of employees employee(s) likely to be affected, effected and the number of workers employee(s) normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall KEE will not be required to disclose confidential information, information the disclosure of which would be inimical to adversely affect the employer's interestsKEE.
Appears in 1 contract
Samples: Enterprise Agreement
Discussion Before Termination. a(i) Redundancy occurs where the employer Where The Oasis Management has made a definite decision that the employer it no longer wishes the job the employee has been doing done by anyone pursuant to sub-clause (A)(i) and (ii) of this is not due to the ordinary clause and customary turnover of labour.
b) Further, that where such decision may lead to the termination of employment, or any other significant effect on the employee, the employer The Oasis Management shall hold discussions with the employees employee directly affected. For effected and with the purposes of this clause “significant effect” is defined as follows:
(i) A reduction in hours and/or remuneration; orUnion.
(ii) A proposed change to the employee’s classification or major change in his/her duties; or
(iii) Relocation/redeployment to another location.
c) The discussions referred to in subclause 42.1(b) discussion shall take place as soon as it is practicable after the employer The Oasis Management has made a definite decision which will shall invoke the provision of paragraph (a) of this subclause 42.1(a) 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 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 employees concernedpayment of relocation allowances, provision of additional notice, access to an employee assistance program, financial advice and such other assistance as may be reasonably available.
d(iii) For the purposes of the discussion the employer discussion, The Oasis Management shall, as soon as practicable, provide in writing to the employees concernedemployee(s) concerned and the Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories category of employees employee(s) likely to be affected, affected and the number of workers 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, ; the disclosure of which would be inimical to the employer's interestsadversely affect The Oasis.
Appears in 1 contract
Samples: Enterprise Agreement
Discussion Before Termination. (a) Redundancy occurs where the employer Where a council has made a definite decision that the employer it no longer wishes the job the employee has been doing done by anyone pursuant to subclause (i)(a) and this is not due to the ordinary and customary turnover of labour.
(b) Further, of this clause and that where such decision may lead to the termination of employment, or any other significant effect on the employee, the employer council shall hold discussions with the employees employee directly affected. For effected and with the purposes of this clause “significant effect” is defined as follows:union to which they belong.
(i) A reduction in hours and/or remuneration; or
(ii) A proposed change to the employee’s classification or major change in his/her duties; or
(iii) Relocation/redeployment to another location.
cb) The discussions referred to in subclause 42.1(b) discussion shall take place as soon as it is practicable after the employer council has made a definite decision which will shall invoke the provision of paragraph (a) of this subclause 42.1(a) 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 the terminations of the employee(s) concerned. New provisions will be included at subclause (iii)(b) regarding the mitigation of adverse effects on employees to the following effect: Measures to mitigate the adverse effect on employees concernedmay include consideration of re-training opportunities, redeployment, recruitment advice, the payment of relocation allowances, the provision of additional notice, together with access to an employee assistance program, financial advice and such other assistance as may be reasonably available.
d(c) For the purposes of the discussion discussion, the employer council shall, as soon as practicable, provide in writing to the employees concernedemployee(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 categories category of employees employee(s) likely to be affected, effected and the number of workers employee(s) normally employed and the period over which the terminations are likely to be carried out. Provided that the employer council shall not be required to disclose confidential information, information the disclosure of which would be inimical to adversely affect the employer's interestscouncil.
Appears in 1 contract
Samples: Enterprise Agreement
Discussion Before Termination. a) Redundancy occurs where Where the employer has made a definite decision that the employer it no longer wishes the job the employee has been doing done by anyone pursuant to subclause (i)(a) and this is not due to the ordinary and customary turnover of labour.
(b) Further, of this clause and 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 employees employee(s) directly affected. For affected and with the purposes of this clause “significant effect” is defined as follows:
(iunion(s) A reduction in hours and/or remuneration; or
(ii) A proposed change to the employee’s classification or major change in his/her duties; or
(iii) Relocation/redeployment to another locationwhich they belong.
cb) The discussions referred to in subclause 42.1(b) discussion shall take place as soon as it is practicable after the employer has made a definite decision which will shall invoke the provision of paragraph (a) of this subclause 42.1(a) 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 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 employees concernedpayment 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 employees concernedemployee(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 categories category of employees employee(s) likely to be affected, effected and the number of workers 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, information the disclosure of which would be inimical to adversely affect the employer's interests.
Appears in 1 contract
Samples: Enterprise Agreement
Discussion Before Termination. (a) Redundancy occurs where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour.
(b) Further, that where such decision may lead to termination of employment, or any other significant effect on the employee, the employer shall hold discussions with the employees directly affected. For the purposes of this clause “significant effect” is defined as follows:
(i) A reduction in hours and/or remuneration; or
(ii) A proposed change to the employee’s classification or major change in his/her duties; or
(iii) Relocation/redeployment to another location.
(c) The discussions referred to in subclause 42.1(b45.1(b) shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subclause 42.1(a45.1(a) 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 any terminations on the employees concerned.
(d) For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of 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, the disclosure of which would be inimical to the employer's interests.
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