Common use of Discussions Before Termination Clause in Contracts

Discussions Before Termination. (a) Where an Employer has made a definite decision that the Employer no longer wishes the job the Employee has been doing done by anyone and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees directly affected and with their representative, which may include the union to which they belong. (b) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(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 termination of the Employees concerned. (c) For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belong, 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 Employees normally employed and the period over which the terminations are likely to be carried out. Provided that any Employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

Appears in 4 contracts

Samples: Enterprise Agreement, NSW Catholic Independent Schools (Support Staff Model B) Multi Enterprise Agreement 2023, Multi Enterprise Agreement

AutoNDA by SimpleDocs

Discussions Before Termination. (a) Where an the Employer has made a definite decision that the Employer it no longer wishes the job the Employee employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees employees directly affected affected, and with their if the employees indicate they wish to be represented by a union or other nominated representative, which may include with the union to which they belongor such other nominated representative. (b) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(a(a) of this sub-clause and shall cover, inter alia, any reasons for the proposed terminations, termination and measures to avoid or minimise minimize the terminations and measures to mitigate any adverse effects of any termination of terminations on the Employees employees concerned. (c) For the purposes of the discussion discussion, the Employer shall, shall as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belongemployees concerned, all relevant information about the proposed terminations including the including: (i) The reasons for the proposed terminations, the ; (ii) The number and categories of Employees employees likely to be affected, and the ; (iii) The number of Employees employees normally employed and the employed; and (iv) The period over of which the terminations any proposed redundancies are likely intended to be carried out. . (d) Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employerbe inimical to its interests.

Appears in 2 contracts

Samples: Collective Agreement, Riverside Textiles Tcfua Collective Agreement 2008

Discussions Before Termination. (ai) Where an the Employer has made a definite decision that the Employer no longer wishes the job the Employee Teacher has been doing done by anyone and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees Teachers directly affected and with their representative, which may include the union to which they belong. (bii) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions provision of paragraph 23.3(asubparagraph 17.2(b)(i) of this clause 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 termination of the Employees Teachers concerned. (ciii) For the purposes of the discussion the Employer shall, as soon as practicable, provide provide, in writing writing, to the Employees Teachers concerned and their representative, which may include be the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees Teachers likely to be affected, and the number of Employees Teachers normally employed and the period over which the terminations are likely to be carried out. Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

Appears in 2 contracts

Samples: NSW Catholic Independent Schools (Teachers Model B) Multi Enterprise Agreement 2023, NSW Catholic Independent Schools (Teachers Model C) Multi Enterprise Agreement 2023

Discussions Before Termination. (ai) Where an the Employer has made a definite decision that the Employer no longer wishes the job the Employee Teacher has been doing done by anyone and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees Teachers directly affected and with their representative, which may include the union to which they belong. (bii) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions provision of paragraph 23.3(asubparagraph 17.2 (b)(i) of this clause 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 termination of the Employees Teachers concerned. (ciii) For the purposes of the discussion the Employer shall, as soon as practicable, provide provide, in writing writing, to the Employees Teachers concerned and their representative, which may include be the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees Teachers likely to be affected, and the number of Employees Teachers normally employed and the period over which the terminations are likely to be carried out. Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

Appears in 2 contracts

Samples: Multi Enterprise Agreement, Multi Enterprise Agreement

Discussions Before Termination. (ai) Where an the Employer has made a definite decision that the Employer no longer wishes the job the Employee Teacher has been doing done by anyone and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees Teachers directly affected and with their representative, which may include the union to which they belong. (bii) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions provision of paragraph 23.3(asubparagraph 17.2 (b)(i) of this clause and shall s hall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures m easures to mitigate any adverse effects of any termination of the Employees Teachers concerned. (ciii) For the purposes of the discussion the Employer shall, as soon as practicable, provide provide, in writing writing, to the Employees Teachers concerned and their representative, which may include be the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories c ategories of Employees Teachers likely to be affected, and the t he number of Employees Teachers normally employed and the t he period over which the terminations are likely to be carried out. Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

Appears in 1 contract

Samples: NSW Catholic Independent Schools (Teachers Model B) Multi Enterprise Agreement 2017

Discussions Before Termination. (a) a. Where an Employer the Company has made a definite decision that the Employer Company no longer wishes requires the job being done by the Employee has been doing employee to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employmentthe employee’s employment by the Company, the Employer Company shall hold discussions with the Employees employees directly affected and with their representative, which may include a representative of the union to which they belongemployee’s choice. (b) b. The discussions shall take place as soon as is practicable after the Employer Company has made a definite decision which will invoke the provisions of paragraph 23.3(asub-clause 26.1(a) and shall cover, 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 termination of terminations on the Employees employees concerned. (c) c. For the purposes of the discussion the Employer Company shall, as soon as practicable, provide in writing to the Employees employees concerned and their representative, which may include or a representative of the union to which they belongemployee’s choice., all relevant information about the proposed terminations termination including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of Employees workers normally employed and the period over which the terminations are likely to be carried out. Provided that any Employer the Company shall not be required to disclose confidential or Commercially Sensitive information the disclosure of which would adversely affect be inimical to the EmployerCompany’s interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (a) Where an Employer When the Company has made a definite decision that the Employer it no longer wishes wish the job the Employee has been doing to be done by anyone anyone, and that decision may lead to the termination of employment, the Employer Company shall hold have discussions as soon as practicable with the Employees Employee directly affected affected. The discussions shall cover, amongst other things, the reasons for the proposed termination, and with their representative, which may include measures to avoid the union to which they belongtermination. (b) The discussions For the purpose of discussion, the Company shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(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 termination of the Employees concerned. (c) For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees Employee concerned and their representative, which may include the union to which they belong, all relevant information about the proposed terminations termination including the reasons for the proposed terminationsreasons, the number and categories of Employees likely to be affected, and the number of Employees workers normally employed employed, and the period over which date when the terminations are termination is likely to be carried out. Provided that any Employer However the Company shall not be required to disclose confidential information information, the disclosure of which when looked at objectively, would adversely affect be inimical to the EmployerCompany's interests. (c) The selection criteria for Employees to be made redundant will be objectively based, taking into account the future operational requirements of the Company. After the Company has decided to make Employees redundant, the selection criteria will be finalised by the Company after consultation with the Employees concerned.

Appears in 1 contract

Samples: Collective Agreement

Discussions Before Termination. (a) Where an the Employer has made a definite decision that the Employer it no longer wishes the job the Employee has been doing doing, to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employment, the Employer shall must hold discussions with the Employees directly affected and with their representative, which may include notify the union to which they belongUnion. (b) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(aclause 33.1(a) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations termination and measures to mitigate any adverse effects of any termination of on the Employees concerned. (c) For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belongUnion, all relevant information about the proposed terminations termination including the reasons for the proposed terminationstermination, the number and categories of Employees likely to be affected, and the number of Employees normally employed and the period over which the terminations are likely to be carried out. Provided that any The Employer shall not be required to disclose confidential information if the disclosure of which would adversely affect is adverse to the Employer’s interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (ai) Where an the Employer has made a definite decision that the Employer no longer wishes the job job, the Employee weekly employee has been doing doing, done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employmentemployment of an employee(s), the Employer shall hold discussions with the Employees employees directly affected and with their representative, which may include the union to which they belongUnion. (bii) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(a(i) hereof, and shall cover, inter aliainteralia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of terminations on the Employees employees concerned. (ciii) For the purposes purpose of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees employees concerned and their representative, which may include the union to which they belongUnion, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of Employees workers normally employed and the period over which the terminations are likely to be carried out. Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect be inimical to the Employer.’s interests? (iv) Nothing in this clause is to be construed as requiring the employer to disclose information contrary to the Workplace Relations regulations

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (a) 25.1.1 Where an the Employer has made a definite decision that the Employer no longer wishes the job the Employee has been doing doing, done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees directly affected and with their representative, which may include notify the union Union to which they belong. (b) 25.1.2 The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(a) 25.1.1 hereof and shall cover, inter alia, any reasons for the proposed terminations, measures measure to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of on the Employees concerned. (c) 25.1.3 For the purposes of the discussion discussions the Employer shall, as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belongUnion, 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 Employees normally employed and the period over which the terminations are likely to be carried out. Provided that any Employer shall not be required to disclose confidential information the disclosure of which would adversely affect be inimical to the Employer’s interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (a) Where an the Employer has made a definite decision that the Employer it no longer wishes the job the Employee has been doing doing, to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employment, the Employer shall must hold discussions with the Employees directly affected and with their representative, which may include notify the union to which they belongunion. (b) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(aclause 34.1 (a) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations termination and measures to mitigate any adverse effects of any termination of on the Employees concerned. (c) For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belongunion, all relevant information about the proposed terminations termination including the reasons for the proposed terminationstermination, the number and categories of Employees likely to be affected, and the number of Employees normally employed and the period over which the terminations are likely to be carried out. Provided that any The Employer shall not be required to disclose confidential information if the disclosure of which would adversely affect is adverse to the Employer’s interests.

Appears in 1 contract

Samples: Enterprise Agreement

AutoNDA by SimpleDocs

Discussions Before Termination. (ai) Where an the Employer has made a definite decision that the Employer no longer wishes the job the Employee Teacher has been doing doi ng done by anyone and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees Teachers directly affected and with their representative, which may include the union to which they belong. (bii) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions provision of paragraph 23.3(asubparagraph 17.2 (b)(i) of this clause 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 termination of the Employees Teachers concerned. (ciii) For the purposes of the discussion the Employer shall, as soon as practicable, provide provide, in writing writing, to the Employees Teachers concerned and their representative, which may include be the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories c ategories of Employees Teachers likely to be affected, and the t he number of Employees Teachers normally employed and the t he period over which the terminations are likely to be carried out. Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

Appears in 1 contract

Samples: NSW Catholic Independent Schools (Teachers Model C) Multi Enterprise Agreement 2017

Discussions Before Termination. (a) Where an Employer Xxxxx Xxxxx has made a definite decision that the Employer Xxxxx Xxxxx no longer wishes the job the Employee a staff member has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employment, the Employer shall Xxxxx Xxxxx will hold discussions with the Employees staff directly affected and with their representative, which may include the union to which they belongunion. (b) The discussions shall will take place as soon as is practicable after the Employer Xxxxx Xxxxx has made a definite decision which will invoke the provisions provision of paragraph 23.3(aB.3.1 (a) and shall will cover, inter alia, any reasons for the proposed terminationstermination’s, measures to avoid or minimise the terminations termination’s and measures to mitigate any adverse effects of any termination of termination’s on the Employees staff member(s) concerned. (c) For the purposes of the discussion the Employer shallXxxxx Xxxxx will, as soon as practicable, provide in writing to the Employees staff member(s) concerned and their representative, which may include the union to which they belongunion, all relevant information about the proposed terminations termination’s including the reasons for the proposed terminationstermination’s, the number and categories of Employees staff likely to be affected, and the number of Employees workers normally employed and the period over which the terminations termination’s are likely to be carried out. Provided that any Employer shall Xxxxx Xxxxx will not be required to disclose confidential information the disclosure of which would adversely affect the Employerbe adverse to Xxxxx Xxxxx’ interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (a) Where an the Employer has made a definite decision that the Employer it no longer wishes the job the Employee has been doing doing, to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to the termination of employment, the Employer shall must hold discussions with the Employees directly affected and with their representative, which may include notify the union to which they belongunion. (b) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(aclause 36.1(a) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations termination and measures to mitigate any adverse effects of any termination of on the Employees concerned. (c) For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belongunion, all relevant information about the proposed terminations termination including the reasons for the proposed terminationstermination, the number and categories of Employees likely to be affected, and the number of Employees normally employed and the period over which the terminations are likely to be carried out. Provided that any The Employer shall not be required to disclose confidential information if the disclosure of which would adversely affect is adverse to the Employer’s interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (a) 26.1.1 Where an the Employer has had 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 and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees directly affected and with their representative, which may include the union to which they belongaffected. (b) 26.1.2 The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 23.3(a) Clause 26 hereof 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 termination of terminations on the Employees concerned. (c) 26.1.3 For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belongconcerned, 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 Employees workers normally employed and the period over which the terminations are likely to be carried out. Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect be inimical to the Employer's interests.

Appears in 1 contract

Samples: Community Care Services Agreement

Discussions Before Termination. (a) Where an Employer the employer has made a definite decision that the Employer an employee’s job is no longer wishes the job the Employee has been doing done by anyone required to be performed, and that decision may lead to the termination of employment, the Employer employer shall hold discussions with the Employees employees directly affected and with their representative, which may include the union to which they belongaffected. (b) The discussions shall take place as soon as is practicable after the Employer employer has made a definite decision which will invoke the provisions provision of paragraph 23.3(a(a) above and shall cover, inter alia, any reasons reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the Employees employees concerned. (c) For the purposes of the discussion the Employer employer shall, as soon as practicable, provide in writing to the Employees employees concerned and their representative, which may include the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number number, and categories of Employees employees likely to be affected, and the number of Employees workers normally employed and the period over which the terminations are likely to be carried out. Provided that any Employer employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employeremployer.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (a) Where an Employer Xxxxxxx has made a definite decision that the Employer it no longer wishes the job the Employee employee has been doing done by anyone and that this is not due to the ordinary and customary turnover of labour and the decision may lead to the termination of employment, the Employer Symbion shall hold discussions with the Employees employees directly affected and with their representative, which may include the union to which they belongemployee's Union representatives. (b) The discussions shall take place as soon as is practicable after the Employer Xxxxxxx has made a definite decision which will invoke the provisions of paragraph 23.3(a) sub-clause 43.1 and shall cover, inter alia, cover any reasons reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of terminations on the Employees employees concerned. (c) For the purposes of the discussion the Employer shall, Symbion shall as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belongemployees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of Employees workers normally employed and the period over which the terminations are likely to be carried out. . (d) Provided that any Employer employer shall not be required to disclose confidential information the disclosure of which would adversely affect be inimical to Symbion's interests. Xxxxxxx also commits that no Employee will be made redundant if labour hire employees or contractors performing the Employersame work are still on the site. This may only be changed where unusual circumstances exist and agreement is reached with the Union.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Termination. (ai) Where an the Employer has made a definite def inite decision that the Employer no longer wishes the job the Employee Teacher has been doing done by anyone and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees Teachers directly affected and with their representative, which may include the union to which they belong. (bii) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions provision of paragraph 23.3(asubparagraph 17.2 (b)(i) of this clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures m easures to mitigate any adverse effects of any termination of the Employees Teachers concerned. (ciii) For the purposes of the discussion the Employer shall, as soon as practicable, provide provide, in writing writing, to the Employees Teachers concerned and their t heir representative, which may include be the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees Teachers likely to be affected, and the t he number of Employees Teachers normally employed and the period over which the terminations are likely to be carried out. Provided that any the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

Appears in 1 contract

Samples: NSW Catholic Independent Schools (Teachers Model A) Multi Enterprise Agreement 2017

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!