Common use of Employer Initiated Process Clause in Contracts

Employer Initiated Process. Pre-process Where the employer has reasonable grounds (as outlined in clause 1.2 above) to consider that the principal may be medically unfit for work as outlined in 1.2, the employer will in the first instance: write to the principal outlining the concerns and the grounds on which it has formed a view that medical retirement may be an appropriate option; inform the principal they are entitled to attend up to three sessions from an employee assistance programme (EAP) and extend to the principal the opportunity to access EAP counselling; outline the medical retirement process should the employer proceed with the process; and inform the principal of their right to have a representative. Initiation of Process Registered Medical Specialist Following the completion of the pre-process: Where the employer proceeds with the process, the principal shall undergo a medical examination from a registered medical specialist nominated by the employer. The medical specialist shall provide in writing the information referred to in clause 1.3(a)(i) above. The principal is entitled to seek a second medical specialist’s opinion. Where two medical specialist opinions are sought and these medical opinions agree that the principal will not be able to wholly or substantially perform their duties both currently and in the foreseeable future, then the employer may seek the Secretary's concurrence to medically retire the principal. Registered General Practitioner If the employer is unable to obtain a registered medical specialist opinion in a timely fashion, or by virtue of distance, then the principal will undergo a medical examination from a registered general practitioner nominated by the employer (or two general practitioners if the principal so wishes, one nominated by the employer and the other by the principal). The general practitioner(s) shall provide in writing the information referred to in clause 1.3(a)(i) above and attestation that the principal could not obtain an opinion from a registered medical specialist. Where two medical opinions from a general practitioner are sought and these medical opinions conflict, the principal and employer shall attempt to agree on a third registered general practitioner or medical specialist to provide a further medical certificate. If they cannot agree, the employer shall nominate the registered general practitioner. All costs associated with the medical examination(s) and the principal assistance programme shall be met by the employer.

Employer Initiated Process. (a) Pre-process Where the employer has reasonable grounds (as outlined in clause 1.2 above1.2) to consider that the principal Principal may be medically unfit for work as outlined in 1.2, the employer will in the first instance: : (i) write to the principal Principal outlining the concerns and the grounds on which it has formed a view that medical retirement may be an appropriate option; ; (ii) inform the principal Principal they are entitled to attend up to three sessions from an employee assistance programme (EAP) and extend to the principal Principal the opportunity to access EAP counselling; ; (iii) outline the medical retirement process should the employer proceed with the process; and and (iv) inform the principal Principal of their right to have a representative. Initiation of Process Process (b) Registered Medical Specialist Following the completion of the pre-process: : (i) Where the employer proceeds with the process, the principal Principal shall undergo a medical examination from a registered medical specialist nominated by the employer. . (ii) The medical specialist shall provide in writing a description of the information referred Principal’s illness, a statement as to whether or not the Principal will be able to wholly or substantially perform her/his duties both currently and in clause 1.3(a)(ithe foreseeable future, and the reasons for the decision. (iii) above. The principal Principal is entitled to seek a second medical specialist’s opinion. Where two medical specialist opinions are sought and these medical opinions agree that the principal Principal will not be able to wholly or substantially perform their duties both currently and in the foreseeable future, then the employer may seek the Secretary's concurrence to medically retire the principal. Principal. (c) Registered General Practitioner If Practitioner (i) if the employer is unable to obtain a registered medical specialist opinion in a timely fashion, or by virtue of distance, then the principal Principal will undergo a medical examination from a registered general practitioner nominated by the employer (or two general practitioners if the principal Principal so wishes, one nominated by the employer and the other by the principalPrincipal). The general practitioner(s) shall provide in writing the information referred following: • a description of the Principal’s illness, a statement as to whether or not the Principal will be able to wholly or substantially perform their duties both currently and in clause 1.3(a)(i) above the foreseeable future, and the reasons for the decision; and • attestation that the principal Principal could not obtain an opinion from a registered medical specialist. Where . (ii) where two medical opinions from a general practitioner are sought and these medical opinions conflict, the principal Principal and employer shall attempt to agree on a third registered general practitioner or medical specialist to provide a further medical certificate. If they cannot agree, the employer shall nominate the registered general practitioner. . (d) All costs associated with the medical examination(s) and the principal Principal assistance programme shall be met by the employer. 1.5 Where the majority of medical evidence does not support a claim for medical retirement under this provision this process shall cease.