Common use of Discussions Before Terminations Clause in Contracts

Discussions Before Terminations. 12.1.1 Subject to the Workplace Relations Act 1996 or its successor, 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 and that decision may lead to termination of employment, the Employer shall hold discussions with the Employee(s) directly affected. 12.1.2 The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of 14.1.1 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 terminations on the Employee(s) concerned. 12.1.3 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.

Appears in 11 contracts

Samples: South Australia and Northern Territory Region Electrical Wholesaling Agreement, Queensland Southern Region Electrical Wholesaling Agreement, Victorian Metropolitan Region Electrical Wholesaling Agreement

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Discussions Before Terminations. 12.1.1 Subject to the Workplace Relations Act 1996 or its successor, where the Employer (a) Where Kmart has made a definite decision that the Employer Kmart no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour labour, and that decision may lead to termination of employment, the Employer shall Kmart will hold discussions with the Employee(s) Employees directly affectedaffected and with their Union and/or their representative (where applicable). 12.1.2 (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 14.1.1 hereof and shall cover, inter aliaamongst other matters, any the reasons for the proposed terminationsterminations are required, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the Employee(s) Employees concerned. 12.1.3 (c) For the purposes of the discussion the Employer shalldiscussion, Kmart will, as soon as practicable, provide in writing to the Employees concerned and their Union and/or representative, all relevant information about the proposed terminations including including: (i) the reasons reason for the proposed terminations, ; (ii) the number and categories of Employees likely to be affected, and ; (iii) the number of workers Employees normally employed and employed; and (iv) the period over which the terminations are likely to be carried out. Provided that the Employer shall Kmart will not be required to disclose confidential information the disclosure of which would be inimical detrimental to the Employer's Kmart’s interests. (d) For the purposes of this clause, “Week’s Pay” means the Employee’s Base Rate of Pay for their ordinary hours of work in the period.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. 12.1.1 Subject to the Workplace Relations Act 1996 or its successor, where the Employer (i) Where SAA has made a definite decision that the Employer it 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 labour, and that decision may lead to termination of employment, the Employer SAA shall hold discussions with the Employees directly affected and where an Employee(s) directly affectedrequests with the Association. 12.1.2 (ii) The discussions shall take place as soon as is practicable after the Employer SAA has made a definite decision which will invoke the provisions provision of 14.1.1 hereof Clause 29(c) (i) 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 Employee(s) Employees concerned. 12.1.3 (iii) For the purposes of the discussion the Employer SAA shall, as soon as practicable, provide in writing to the Employees concerned and where an Employee(s) requests the Association 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 However SAA shall not be required to disclose confidential information the disclosure of which would be inimical to the EmployerSAA's interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. 12.1.1 Subject to the Workplace Relations Act 1996 or its successor, where (a) Where the Employer has made a definite decision that the Employer they no longer wishes wish the job the an Employee or Employees has or have been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour anyone and that decision decisions may lead to the termination of employment, the Employer shall hold discussions with the Employee(s) Employee or Employees directly affectedaffected and their workplace representatives. 12.1.2 (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 14.1.1 hereof subclause 42.2(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 termination on the Employee(s) Employee or Employees concerned. 12.1.3 (c) For the purposes purpose of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees concerned and if requested by the Employee, any nominated Employee representative which may be a union representative, 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 Employees normally employed and the period over which the terminations are likely to be carried out. Provided that the The Employer shall not be required to disclose confidential information the disclosure of which would be inimical to the Employer's interestsadversely affect them.

Appears in 1 contract

Samples: Enterprise Agreement

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Discussions Before Terminations. 12.1.1 Subject to the Workplace Relations Act 1996 or its successor, where the Employer (i) Where SSA has made a definite decision that the Employer it 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 labour, and that decision may lead to termination of employment, the Employer SSA shall hold discussions with the Employee(s) Employees directly affectedaffected and where an Employee requests, with the Association. 12.1.2 (ii) The discussions shall take place as soon as is practicable after the Employer SSA has made a definite decision which will invoke the provisions provision of 14.1.1 hereof Clause 28(c) (i) 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 Employee(s) Employees concerned. 12.1.3 (iii) For the purposes of the discussion the Employer SSA shall, as soon as practicable, provide in writing to the Employees concerned and where an Employee requests the Association 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 However SSA shall not be required to disclose confidential information the disclosure of which would be inimical to the EmployerSSA's interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. 12.1.1 Subject to the Workplace Relations Act 1996 or its successor, where 15.1.1 Where the Employer has made a definite decision that the Employer he no longer wishes the to retain a job the Employee an employee has been doing done by anyone, carrying out and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer shall hold discussions with the Employee(s) employees directly affectedaffected and with their nominated Employee Representative. 12.1.2 15.1.2 The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of 14.1.1 subclause 15.1.1 hereof and shall cover, inter aliaamong other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate alleviate any adverse effects of any terminations termination on the Employee(s) employees concerned. 12.1.3 15.1.3 For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees employees concerned and their nominated Employee Representative, 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 workers normally employed and the period over which the terminations are likely to be carried out. Provided that the an Employer shall not be required to disclose any confidential information the disclosure of which would not be inimical to in the Employer's interests.

Appears in 1 contract

Samples: Collective Agreement

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