Employee Leaving During the Notice Period. An Employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 26 contracts
Samples: Greenfields Agreement, Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances circumstance the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 24 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 14 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An If the employment of an Employee whose employment is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, Employee shall be entitled to the same benefits and payments under this clause had 11 Redundancy to which the Employee would have been entitled had they remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 7 contracts
Samples: Multi Enterprise Agreement, Multi Enterprise Agreement, Multi Enterprise Agreement
Employee Leaving During the Notice Period. a) An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, due to redundancy may terminate leave the employment during the period of notice and, if so, shall be entitled to the same redundancy benefits and payments under this clause had the Employee employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 7 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 5 contracts
Samples: Enterprise Agreement, Industrial Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer Company until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Collective Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect on the grounds of duty, misconduct or refusing duty, redundancy may terminate the their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee they remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 3 contracts
Samples: Civic Centre Employees Certified Agreement, Resource Recovery Drivers Certified Agreement, Certified Agreement
Employee Leaving During the Notice Period. An Employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate If the employment during of an Employee terminates (other than for misconduct) before the notice period of notice andexpires, if so, the Employee shall be entitled to the same benefits and payments under this clause part had the Employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, due to redundancy may terminate the their employment during the period of notice andperiod, and if so, shall be entitled to the same benefits and severance payments under this as outlined in clause had the Employee remained with the Employer until the expiry of such notice3.
9.1. Provided that in In such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Employee Leaving During the Notice Period. An If the employment of an Employee whose employment is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, Employee shall be entitled to the same benefits and payments under this clause had the Employee remained with the Employer Company until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An If the employment of an Employee whose employment is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, Employee shall be entitled to the same benefits and payments under this clause had the Employee remained with the Employer until the expiry of such notice. Provided that in such circumstances circumstance the Employee shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Nurses and Midwives Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause Clause to which the employee would have been entitled had the Employee employee remained with the Employer Pulse until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, due to redundancy may terminate leave the employment during the period of notice and, if so, shall be entitled to the same redundancy benefits and payments under this clause had the Employee employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause Clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances circumstance the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, reasons set out in subclause 37.3 hereof may terminate the his/her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause Clause had the Employee he/she remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Union Collective Workplace Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate misconduct) before the employment during the notice period of notice and, if so, expires. The employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in In lieu of notice.
Appears in 1 contract
Samples: Workplace Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, reasons set out in paragraph 17.1(a) may terminate the employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer Company until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice...
Appears in 1 contract
Samples: Woolworths Limited Trading as Greengrocer Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause part had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Non Teaching Staff Agreement
Employee Leaving During the Notice Period. An Employee whose (a) If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause Clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances circumstance the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee The employee shall not be entitled to payment in lieu of noticenotice in such circumstance.
Appears in 1 contract
Samples: Employer Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer Company until the expiry of such notice. Provided that that, in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Collective Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided , provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during benefits that the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had clause, will be recalculated to the Employee remained with the Employer until the expiry new date of such noticetermination. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer Chubb until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Collective Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate misconduct) before the employment during the notice period of notice and, if so, expires. The employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer Company until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in In lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose employment is terminated except for malingering, inefficiency, neglect given notice of duty, misconduct or refusing duty, termination in circumstances of redundancy may terminate the their employment during the period of notice and, if so, shall be notice. The Employee is entitled to receive the same benefits and payments they would have received under this clause subclause had the Employee they remained with the Employer in employment until the expiry of such the notice. Provided that in such circumstances the Employee shall , but is not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Employees Enterprise Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, reasons set out in paragraph 16.2.1 may terminate the their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.same
Appears in 1 contract
Samples: Transport Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, reasons set out in Sub- clause 22.
1.1.1 may terminate the their employment during the period of notice and, if so, shall will be entitled to the same benefits and payments under this clause had the Employee they remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Employee Collective Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, shall employee will be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in such circumstances the Employee shall employee will not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that that, in such circumstances circumstances, the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that that, in such circumstances circumstance the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, reasons set out in sub clause 2.14.1 may terminate the employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer Company until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Employee Leaving During the Notice Period. An If the employment of an Employee whose employment is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, Employee shall be entitled to the same benefits and payments under this clause had the Employee remained with the Employer employer until the expiry of such notice. Provided , provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Staff Agreement
Employee Leaving During the Notice Period. An Employee Any employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, reasons set out in 14.1.1 hereof may terminate the their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause as if they had the Employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Employment Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer organisation until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer employer until the expiry of such notice. Provided that in In such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Leaving During the Notice Period. An Employee whose If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause had the Employee employee remained with the Employer company until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Collective Agreement
Employee Leaving During the Notice Period. An Employee whose (a) If the employment of an employee is terminated except (other than for malingeringmisconduct) before the notice period expires, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, employee shall be entitled to the same benefits and payments under this clause Clause to which the employee would have been entitled had the Employee employee remained with the Employer Pulse until the expiry of such notice. Provided that in such circumstances the Employee employee shall not be entitled to payment in lieu of notice.
Appears in 1 contract
Samples: Services Agreement