Effect of Termination on Annual Leave. (a) Where the employment of an Employee is terminated, the Employer shall be deemed to have given all accrued leave (except so much, if any, as has already been taken) to the Employee as from the date of the termination of the employment, and shall forthwith pay to the Employee, in addition to all other amounts due to the Employee, the Employee’s ordinary pay for the period of such leave, together with annual leave loading applicable to that leave. Nothing in this subclause affects the obligation of an Employer to give, or an Employee to take, annual leave in accordance with this Agreement.
(b) The annual leave loading prescribed in Clause 53.8(a) shall apply to pro rata payment of leave on termination or resignation of employment.
(c) Where annual leave has been taken in advance and:
(i) the employment of the Employee is terminated before he or she has completed the year of employment in respect of which such annual leave or part was taken; and
(ii) the sum paid by the Employer to the Employee as ordinary pay for the annual leave period or part so taken in advance exceeds the sum which the Employer is required to pay to the Employee under paragraph (a);
(iii) the Employer shall not be liable to make any payment to the Employee under paragraph (a) and shall be entitled to deduct the amount of such excess from any remuneration payable to the Employee upon termination of employment.
Effect of Termination on Annual Leave. (a) Where an Employee's employment ends for any reason, the Employer must pay to the Employee any untaken accrued annual leave. The amount payable to the Employee is the amount the Employee would have received had the Employee taken the leave at the time of termination, including any payment under subclause 57.9 (Annual leave loading or penalties).
(b) If annual leave has been taken in advance and, at the time the employment terminates, the Employee has a negative paid annual leave accrual, the Employer may deduct a sum equal to the negative annual leave accrual (at the amount paid at the time the annual leave was taken in advance) from any remuneration payable to the Employee upon termination of employment.
Effect of Termination on Annual Leave. (a) Where the employment of an Employee who has become entitled to annual leave under this Agreement is terminated, the Employer shall be deemed to have given all accrued leave (except so much, if any, as has already been taken) to the Employee as from the date of the termination of the employment, and shall forthwith pay to the Employee, in addition to all other amounts due to the Employee, the Employee’s ordinary pay for the period of such leave. Nothing in this subclause affects the obligation of an Employer to give, or an Employee to take, annual leave in accordance with this Agreement.
(b) Where the employment of an Employee is terminated within 12 months since an entitlement to annual leave last accrued to that Employee (or before an entitlement falls due in the first twelve month period of employment), the Employer shall forthwith pay to the Employee, in addition to all other amounts due to her/him, the Employee’s ordinary pay for the period of such leave. Other than in the case of a Registered Nurse Division 5, the annual leave loading prescribed in paragraph 14.7(b) shall apply to pro rata payment of leave on termination of employment.
(c) Where annual leave has been taken in advance pursuant to this Agreement and:
(i) the employment of the Employee is terminated before she/he has completed the year of employment in respect of which such annual leave or part was taken; and
(ii) the sum paid by the Employer to the Employee as ordinary pay for the annual leave period or part so taken in advance exceeds the sum which the Employer is required to pay to the Employee under paragraph (b);
(iii) the Employer shall not be liable to make any payment to the Employee under paragraph (b) and shall be entitled to deduct the amount of such excess from any remuneration payable to the Employee upon termination of employment.
Effect of Termination on Annual Leave. (a) Where the employment of an Employee is terminated, the Employer shall be deemed to have given all accrued leave (except so much, if any, as has already been taken) to the Employee as from the date of the termination of the employment, and shall forthwith pay to the Employee, in addition to all other amounts due to the Employee, the Employee’s ordinary pay for the period of such leave, together with annual leave loading applicable to that leave. Nothing in this subclause affects the obligation of an Employer to give, or an Employee to take, annual leave in accordance with this Agreement.
(b) The annual leave loading prescribed in Clause 54.8(a) shall apply to pro rata payment of leave on termination or resignation of employment.
Effect of Termination on Annual Leave. (a) If, when the employment of an Employee ends, the Employee has a period of untaken paid annual leave, the Employer will pay the Employee the amount that would have been payable to the Employee had the Employee taken the period of annual leave.
(b) The 17.5% annual leave loading prescribed in Clause 47.7(a) shall apply to pro rata payment of leave on termination or resignation of employment.
Effect of Termination on Annual Leave. An Employee who leaves or is dismissed before completing a full qualifying twelve- month period shall, in lieu of annual leave, receive a pro rata payment based on the amount of ordinary pay payable for the leave prescribed herein for a full twelve months continuous service, and the period actually served.
Effect of Termination on Annual Leave. (a) If, when the employment of an Employee ends, the Employee has a period of untaken accrued annual leave, the Employer will pay the Employee the amount that would have been payable to the Employee had the Employee taken the period of annual leave, together with annual leave loading applicable to that leave.
(b) Where annual leave has been taken in advance and:
(i) The employment of the Employee is terminated before she/he has accrued an entitlement to paid annual leave sufficient to cover the period of annual leave taken; and
(ii) The sum paid by the Employer to the Employee as ordinary pay for the annual leave period so taken in advance exceeds the sum which the Employer is required to pay to the Employee under paragraph (a),
(iii) The Employer shall not be liable to make any payment to the Employee under paragraph (a) and shall be entitled to deduct the amount of such excess from any remuneration payable to the Employee upon termination of employment.
Effect of Termination on Annual Leave. (a) Where an Employee’s employment ends for any reason, the Employer must pay to the Employee any untaken accrued annual leave. The amount payable to the Employee is the amount the Employee would have received had the Employee taken the leave at the time of termination, including any payment under subclause
Effect of Termination on Annual Leave. (a) Where the employment of an Employee is terminated, the Employer shall be deemed to have given all accrued leave (except so much, if any, as has already been taken) to the Employee as from the date of the termination of the employment, and shall forthwith pay to the Employee, in addition to all other amounts due to the Employee, the Employee’s ordinary pay for the period of such leave, together with annual leave loading applicable to that leave.
(b) The annual leave loading prescribed in Clause 50.8(a) shall apply to leave paid on termination or resignation of employment.
(c) Where annual leave has been taken in advance and:
(i) the employment of the Employee is terminated before he or she has completed the year of employment in respect of which such annual
(ii) the sum paid by the Employer to the Employee as ordinary pay for the annual leave period or part so taken in advance exceeds the sum which the Employer is required to pay to the Employee under paragraph (a);
(iii) the Employer shall not be liable to make any payment to the Employee under paragraph (a) and shall be entitled to deduct the amount of such excess from any remuneration payable to the Employee upon termination of employment.
Effect of Termination on Annual Leave. 52.10.1 On termination of employment for any reason, Epworth shall pay to an Employee the amount of any unused annual leave accrued during the period of their employment.
52.10.2 Annual leave paid out on termination of employment will be paid at the amount that would have been payable had the Employee taken that period of annual leave including any applicable leave loading.
52.10.3 If annual leave has been taken in advance and, at the time the employment terminates, the Employee has a negative paid annual leave accrual, Epworth shall be entitled to deduct the amount equivalent to the negative annual leave accrual (at the amount paid at the time the annual leave was taken in advance) from any remuneration payable to the Employee upon termination of employment.
