Excess Employees. 24.1 For the purposes of this clause, an employee is excess if:
(a) the employee is included in a class of employees in the AWM, which class comprises a greater number of employees than is necessary for the efficient and economic working of AWM;
(b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of AWM or structural or other changes in the nature, extent or organisation of the functions of AWM; or
(c) where the duties usually performed by the employee are to be performed at a locality other than Canberra or its immediate surrounds, the employee is not willing to perform duties at the locality and the Director has determined that these provisions apply to that employee.
24.2 The following procedures will apply to the consultation process in relation to excess employees.
24.3 When the Director is aware that an employee is likely to become excess to requirements, the Director will advise the employee of the situation.
24.4 The Director will take such action as is reasonable to assess the redeployment prospects of potentially excess employees.
24.5 Discussions with the potentially excess employees and/or their representative will be held to consider:
(a) redeployment opportunities, taking into account the Director‘s assessment, for the employees concerned; and
(b) whether employees are interested in voluntary retrenchment.
24.6 An Employee who has been advised by the Director that they are likely to be excess to requirements, may choose to be represented in any discussions with the Director.
24.7 The Director may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express interest in voluntary termination, where those terminations would permit the redeployment of employees who are potentially excess.
24.8 The period of these discussions will not exceed one month (or lesser period as agreed).
24.9 The Director will advise relevant employees, in writing, that they are excess to the requirements of the Agency. The employee will also receive, in writing, a once-only invitation to elect for voluntary retrenchment.
24.10 The Director will not advise an employee that he or she is excess until the discussions referred to in clause 25.5 have occurred.
24.11 Where the Director invites an excess employee to do so, the individual will have one month to elect for voluntary retrenchment. The Director will not give notice of termination before the end of that ...
Excess Employees. Length of full-time regular or part-time flexible service (service seniority) in the Motor Vehicle Craft in the same installation governs in identifying excess employees within a position designation.
Excess Employees. Excess Employees are responsible for actively adapting and developing their skills including:
Excess Employees. 1. Installation Seniority governs in identifying excess employees within an occupational group and level.
Excess Employees. For the purpose of applying seniority when relocating excess employees, total cred- ited service and job qualifications will be recognized in accordance with Article XV, Section 15.8 of this Agree- ment.
Excess Employees a. Are responsible for actively adapting and developing their skills including:
i. Following receipt of written advice of being declared an excess employee, actively consider and indicate their preferred option: to either work to secure another ongoing role/position i.e. redeployment; seek the applicable case manager’s assistance; or seek an invitation for an early separation payment.
ii. Co-operating with Parliament House or an agency to which they may be assigned, participate in re/training opportunities and make every effort to adapt to and undertake the role/s or position/s identified or into which she/he is placed or assigned.
iii. Work with an agency nominated person or external service provider who is allocated to assist with a restructure and/or redeployment, including counselling; skills and capability development; and consideration of opportunities within the public or private sectors.
iv. Must accept as quickly as possible and must not refuse assignment or placement into an alternative or another role/position that is a reasonable match with their skills and capabilities (incl. with training)
b. Continue to be subject to processes and requirements (legislative, policy and administrative) applicable to a Parliament House employee
Excess Employees. 117.1 This clause only applies to ongoing employees who are no longer on probation.
117.2 An employee becomes excess for either of the following reasons:
a) the duties of the employee are transferred to a different capital city or to an office which requires a move of a similar scale, involving a necessary change of residence, and
i) the employee is unwilling to perform duties at the new office; and the Commissioner is unable to provide ongoing work at the first office; and
ii) the Commissioner agrees redundancy is an economically viable alternative to relocation.
b) the Commissioner determines that the employee is a member of a given class that has more members than is necessary for the efficient and economical working of the ATO in a particular location.
Excess Employees. 66.1. An employee is excess if:
a) the employee is included in a class of employee(s) which comprises a greater number of employees than is necessary for the efficient and economical working of the ACMA; or
b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of the ACMA or changes in the nature, extent or organisation of the functions of the ACMA; or
c) the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and the Chair has determined that the provisions of this clause apply.
66.2. The provisions of this clause do not apply to employees on probation or non-ongoing employees.
66.3. An excess employee will have access to any APS-wide redeployment mechanisms available at the time.
Excess Employees. 102.1 This clause only applies to ongoing employees who are no longer on probation. When is an Employee Excess?
Excess Employees. (i) In the event that any employee of Seller or its Affiliates or any individual rendering services to Seller or its Affiliates who is not a Business Employee or an Automatic Transferred Business Employee claims to have transferred to the Buyer by operation of law pursuant to Section 613a BGB (each an “Excess Employee”), Buyer and its Affiliates and, to the extent such claim was also raised against Seller and/or its Affiliates, Seller and its Affiliates shall reject such claim unless otherwise agreed by the Parties. Each Party receiving such claim shall inform the other Party of the Excess Employee without undue delay, setting forth the name of the Excess Employee and the time of receipt of such claim.
(ii) In the event that any Excess Employee invokes one or more legal remedies against Buyer or its Affiliates against the rejection of the claim, Buyer or its Affiliates shall, at Seller’s cost, take any action that Seller may reasonably request to avoid or dispute any claim of such Excess Employee. Buyer shall procure that, to the extent Seller could be required to make a payment under Section 6.7(p)(iii) of this Agreement, the dispute is not settled without the prior written consent of Seller (which consent shall not be unreasonably withheld, conditioned or delayed).
(iii) Seller shall indemnify and hold harmless the Buyer and its Affiliates from any Liabilities, costs and expense directly or indirectly incurred in connection with any Excess Employee until the end of the respective employment, service or other relationship, including any Liabilities, costs and expenses for litigation and outside legal counsel, redundancy costs and severance payments; unless and to the extent Buyer utilizes the services of such Excess Employees in which case there is no obligation for Seller to indemnify. In this case and to this extent the rules applying to Continuing Employees shall apply mutatis mutandis.
