Common use of FDA Agreement Clause in Contracts

FDA Agreement. Where a FDA is agreeable in principle, the Manager will negotiate a FDA agreement that provides for the following: • A transition period that is at least 3 months but no more than 6 months before the date of departure. • Specifies the reduction in hours where the proposed transition period involves a reduction in hours worked. • Provides for the employee to resign with effect from the agreed date of departure. • Provides for periodic reviews (at not less than monthly intervals) to ensure that the FDA continues to satisfy the criteria set out in above; • Provides for cancellation of the FDA without compensation in the event that any of the criteria set out in paragraph 1 and 2 are no longer satisfied. • Provides measure, if appropriate, for the transfer of responsibilities to a new incumbent. • Provides for the completion of any outstanding reporting, administration or other work- related matters. • Provides for agreement on the amount of the flexible departure payment determined in accordance with this clause. “Satisfactory work record” Satisfactory work record will be determined by reference to the employee’s overall previous conduct and performance. The Ministry’s assessment of the employee’s work record must be reasonable and undertaken in good faith. In particular: • The Ministry will advise the employee of any matters that may constitute an unsatisfactory work record and consider any reasons advanced by the employee why the employee’s work record should not be considered unsatisfactory in relation to those matters. • In reaching a conclusion on the employee’s work record, the Ministry must take a balanced approach; any proven non-performance or misconduct will be weighed against any positive factors or mitigating circumstances. • If the employee’s work record is regarded as unsatisfactory by reason of proven misconduct or non-performance then the Manager may decided to withhold the flexible departure payment either in whole or in part, having regard to the extent to which the work record has been affected by the misconduct or non-performance.

FDA Agreement. Where a FDA is agreeable in principle, the Manager will negotiate a FDA agreement that provides for the following: • A transition period that is at least 3 months but no more than 6 months before the date of departure. • Specifies the reduction in hours where the proposed transition period involves a reduction in hours worked. • Provides for the employee to resign with effect from the agreed date of departure. • Provides for periodic reviews (at not less than monthly intervals) to ensure that the FDA continues to satisfy the criteria set out in above; • Provides for cancellation of the FDA without compensation in the event that any of the criteria set out in paragraph 1 and 2 are no longer satisfied. • Provides measure, if appropriate, for the transfer of responsibilities to a new incumbent. • Provides for the completion of any outstanding reporting, administration or other work- work-related matters. • Provides for agreement on the amount of the flexible departure payment determined in accordance with this clause. “Satisfactory work record” Satisfactory work record will be determined by reference to the employee’s overall previous conduct and performance. The Ministry’s assessment of the employee’s work record must be reasonable and undertaken in good faith. In particular: • The Ministry will advise the employee of any matters that may constitute an unsatisfactory work record and consider any reasons advanced by the employee why the employee’s work record should not be considered unsatisfactory in relation to those matters. • In reaching a conclusion on the employee’s work record, the Ministry must take a balanced approach; any proven non-performance or misconduct will be weighed against any positive factors or mitigating circumstances. • If the employee’s work record is regarded as unsatisfactory by reason of proven misconduct or non-performance then the Manager may decided to withhold the flexible departure payment either in whole or in part, having regard to the extent to which the work record has been affected by the misconduct or non-performance.

FDA Agreement. Where a FDA is agreeable in principle, the Manager will negotiate a FDA agreement that provides for the following: •  A transition period that is at least 3 months but no more than 6 months before the date of departure. •  Specifies the reduction in hours where the proposed transition period involves a reduction in hours worked. •  Provides for the employee to resign with effect from the agreed date of departure. •  Provides for periodic reviews (at not less than monthly intervals) to ensure that the FDA continues to satisfy the criteria set out in above; •  Provides for cancellation of the FDA without compensation in the event that any of the criteria set out in paragraph 1 and 2 are no longer satisfied. •  Provides measure, if appropriate, for the transfer of responsibilities to a new incumbent. •  Provides for the completion of any outstanding reporting, administration or other work- related matters. •  Provides for agreement on the amount of the flexible departure payment determined in accordance with this clause. “Satisfactory work record” Satisfactory work record will be determined by reference to the employee’s overall previous conduct and performance. The Ministry’s assessment of the employee’s work record must be reasonable and undertaken in good faith. In particular: •  The Ministry will advise the employee of any matters that may constitute an unsatisfactory work record and consider any reasons advanced by the employee why the employee’s work record should not be considered unsatisfactory in relation to those matters. •  In reaching a conclusion on the employee’s work record, the Ministry must take a balanced approach; any proven non-performance or misconduct will be weighed against any positive factors or mitigating circumstances. •  If the employee’s work record is regarded as unsatisfactory by reason of proven misconduct or non-performance then the Manager may decided to withhold the flexible departure payment either in whole or in part, having regard to the extent to which the work record has been affected by the misconduct or non-performance.