Common use of Incapacitated Worker Provision Clause in Contracts

Incapacitated Worker Provision. Al An employee who is confirmed as being incapacitated by injury, illness, or age such that he/she cannot perform the duties of his/her position and who is not receiving full benefits from the Workplace Health, Safety, and Compensation Commission: (i) Will displace the most junior employee in another position within the same bargaining unit classification in the work site, provided that he/she is qualified and able to perform the work required and provided that the employee being displaced is less senior; (ii) If there is no other position within the same bargaining unit classification in the work site, then the employee will displace the most junior employee in another position within the same bargaining unit classification in another work site operated by the Employer, provided that he/she is qualified and able to perform the work required and provided that the employee being displaced is less senior; (iii) If the employee is unable to perform the duties of the position in (i) or (ii) above, then he/she will displace the most junior employee in another bargaining unit classification in the work site, provided that he/she is qualified and able to perform the work required and provided that the employee displaced is less senior. Should the employee be unable to displace into another bargaining unit classification in the facility, he/she shall displace the most junior employee in another bargaining unit classification in another work site operated by the Employer;

Incapacitated Worker Provision. Al An employee who is confirmed as being incapacitated by injury, illness, or age such that he/she they cannot perform the duties of his/her their position and who is not receiving full benefits from the Workplace Health, Safety, and Compensation Commission: (i) Will displace the most junior employee in another position within the same bargaining unit classification in the work site, provided that he/she is they are qualified and able to perform the work required and provided that the employee being displaced is less senior; (ii) If there is no other position within the same bargaining unit classification in the work site, then the employee will displace the most junior employee in another position within the same bargaining unit classification in another work site operated by the Employer, provided that he/she is they are qualified and able to perform the work required and provided that the employee being displaced is less senior; (iii) If the employee is unable to perform the duties of the position in (i) or (ii) above, then he/she they will displace the most junior employee in another bargaining unit classification in the work site, provided that he/she is they are qualified and able to perform the work required and provided that the employee displaced is less senior. Should the employee be unable to displace into another bargaining unit classification in the facility, he/she they shall displace the most junior employee in another bargaining unit classification in another work site operated by the Employer;