Common use of Effect of Termination on Annual Leave Clause in Contracts

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 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 she/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 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(a53.7(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 she/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 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.the

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 the Employee 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.