Employee leaving during notice period. An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the company until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment in lieu of notice.
Appears in 3 contracts
Samples: Enterprise Agreement, Employee Collective Agreement, Union Collective Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause sub-clause
29.1 hereof may terminate their his/her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he/she remained with the company Company until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 3 contracts
Samples: Woolworths Petrol Agreement, Woolworths Petrol North Queensland Agreement, Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph 13.1 may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause (a) of the “Consultation Before Terminations” clause, may terminate their such employment during the period of notice and notice, and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the had such employee remains remained with the company employer until the expiry of such notice. : Provided that in is such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Certified Agreement, Kedron Wavell Certified Agreement
Employee leaving during notice period. (a) An employee Employee whose employment is to be terminated in accordance with this clause may terminate their his/her employment during the period of notice and if this occurs, will be entitled to the provisions of this clause 20.9 as if the employee Employee remains with the company Employer until the expiry of such notice. Provided that in In such circumstances, circumstances the employee Employee will not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee leaving during notice period. An employee whose Employee given notice of the termination of their employment is because Freedom no longer requires the job done by the Employee to be terminated in accordance with done by anyone (other than where this clause is due to the ordinary and customary turnover of labour) may terminate their employment during the period of notice and if this occurs, will be remain entitled to the provisions of this redundancy payments under clause as if the employee remains with the company until expiry of such notice. Provided that in such circumstances, the employee 11.1 but will not be entitled to a payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause 40(iii)(a) may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Lifehouse Nurses Agreement 2019, Lifehouse Nurses Agreement 2019
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph (a) may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause 42.1 (a) may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Aged Care Residential & Community Services Agreement, Aged Care Residential & Community Services Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph (a)(i) hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph 20.1(a) hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Workplace Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause 6.1 may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company employer until the expiry of such notice. Provided that in In such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph 41.1 may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. (a) An employee Employee whose employment is to be terminated in accordance with this clause may terminate their his/her employment during the period of notice and if this occurs, will be entitled to the provisions of this clause 22.9 as if the employee Employee remains with the company Employer until the expiry of such notice. Provided that in In such circumstances, circumstances the employee Employee will not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph (a) may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company Employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will Employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause Clause 2.15.1
(a) hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains Clause had he or she remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. (a) An employee Employee whose employment is to be terminated in accordance with this clause by reason of redundancy may terminate their the contract of employment during the period of notice and if this occurs, will be notice.
(b) An Employee who terminates the contract of employment under clause 26.S(a) is entitled to the provisions of same benefits and payments under this clause as if had the employee remains Employee remained with the company Employer until the expiry of such notice. Provided that However, in such circumstancesthis circumstance, the employee will Employee is not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Carey Baptist Grammar School Employee Agreement 2018
Employee leaving during notice period. An employee Employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee Employee remains with the company until expiry of such notice. Provided that in such circumstances, the employee Employee will not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause Clause 2.15.1(i) hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains Clause had he or she remained with the company Employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose who has received notice that their employment is to be terminated for reasons set out in accordance with this clause paragraph 3.
7.1.1 may terminate their employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had they remained with the company Employer until the expiry of such notice. Provided that in In such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Distribution Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph 33(a) may terminate their employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had they remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this sub- clause 28.1 hereof may terminate their his/her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he/she remained with the company Company until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated for reasons set out in accordance with this clause may terminate their his or her employment during the period of notice and and, if this occursso, will be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company Employer until the expiry of such notice. Provided ; provided that in such circumstances, circumstances the employee Employee will not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. (a) An employee whose employment is to be terminated for reasons set out in accordance with this clause 4.3.1
(a) may terminate their such employment during the period of notice and notice, and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the had such employee remains remained with the company employer until the expiry of such notice. :
(b) Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Workplace Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph 2.8(a) hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated for reasons set out in accordance with this clause Sub-clause
26.1.1 hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company Employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will Employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Community Care Services Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated for reasons set out in accordance with this clause 18.1 may terminate their such employment during the period of notice notice, and if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had such Employee remained with the company Employer until the expiry of such notice. Provided , provided that in such circumstances, circumstances the employee will Employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause 44.1 may terminate their employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had they remained with the company Company until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. (a) An employee whose employment is to be terminated for reasons set out in accordance with this clause 2.4.1(a), may terminate their such employment during the period of notice and notice, and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the had such employee remains remained with the company employer until the expiry of such notice. :
(b) Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Workplace Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause 1.1.1 hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Union Collective Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this sub-clause (a) hereof may terminate their his/her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he/she remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated for reasons set out in accordance with this clause may terminate their employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if had they remained with UA until the employee remains with the company until expiry of such notice. Provided that in such circumstances, circumstances the employee will Employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated for reasons set out in accordance with this clause 14.1(1) may terminate their his or her employment during the period of notice notice, and if this occursan effective date of termination has been decided, will the Employee:
(1) Will be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company Company until the expiry of such notice. Provided that in such circumstances, the employee will notice period; and
(2) Will not be entitled to payment in lieu of noticenotice for the remainder of the notice period and will forego any payments in respect of such period.
Appears in 1 contract
Samples: Collective Agreement
Employee leaving during notice period. (a) An employee whose employment is to be terminated for reasons set out in accordance with this clause Clause 13.1(a) may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph (a) may terminate their employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had they remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employees whose employment is to be terminated for reasons set out in accordance with this clause paragraph
2.1.14.1 hereof, may terminate their employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of this clause as if the employee remains with the company until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to same benefits and payments (other than payment in lieu of notice) under this clause had they remained in employment until the expiration of such notice.
Appears in 1 contract
Samples: Workplace Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph 6.1.1
(i) hereof may terminate their his or her employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had he or she remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph (a) may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company Employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. (a) An employee whose employment is to be terminated Employee given notice of termination in accordance with this clause circumstances of redundancy may terminate their employment during the period of notice and if this occurs, will be notice. The Employee is entitled to receive the provisions of benefits and payments they would have received under this clause as if 15 had they remained in employment until the employee remains with the company until expiry of such notice. Provided that in such circumstances, the employee will notice but is not be entitled to payment in lieu instead of notice.
(b) Nothing in this clause 15 prohibits the Employer and Employee from agreeing to shorten the length of the notice period and pay the remainder of the notice in lieu.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause paragraph 39.1 may terminate their her/his employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had she/he remained with the company employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, the Employee will be entitled to the provisions of this clause as if the employee Employee remains with the company Employer until expiry of such notice. Provided that in such circumstances, the employee Employee will not be entitled to payment in lieu instead of notice.
Appears in 1 contract
Samples: Site Agreement
Employee leaving during notice period. An employee whose employment is to be terminated for reasons set out in accordance with this clause 39.1 may terminate their employment during the period of notice and and, if this occursso, will be entitled to the provisions of same benefits and payments under this clause as if had they remained with Healthe Care until the employee remains with the company until expiry of such notice. Provided that in such circumstances, circumstances the employee will not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Health Professionals and Support Services Enterprise Agreement
Employee leaving during notice period. (a) An employee whose employment is to be terminated for reasons set out in accordance with this clause subclause 37.1 may terminate their employment during the period of notice and and, if this occursso, will shall be entitled to the provisions of same benefits and payments under this clause as if the employee remains had they remained with the company Employer until the expiry of such notice. Provided that in such circumstances, circumstances the employee will Employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee leaving during notice period. An employee Employee whose employment is to be terminated for the reasons set out in accordance with this clause Clause 17.2.1 above, may terminate their his or her employment during the period of notice and if notice. Where this occurs, the Employee will be entitled to the provisions of same benefits and payments under this clause as if had the employee remains Employee remained with the company Employer until the expiry of such notice. Provided that However, in such circumstances, the employee Employee will not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement