Incapacity. 12.1 If the Executive is absent from work due to sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day of absence. 12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work. 12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director, 12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive: a) eligible Statutory Sick Pay; and b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme. 12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 2 contracts
Samples: Employment Agreement (NYSE Euronext), Employment Agreement (NYSE Euronext, Inc.)
Incapacity. 12.1 10.1 If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director CEO of the reason for the absence as early soon as possible but no later than 9am on the first day of absence.
12.2 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager.
10.3 Subject to the Employee's compliance with this agreement and the Company sickness policy (as amended from time to time) and subject to clause 10.4, the Employee shall receive sick pay in accordance with the Company sickness policy, which may be amended from time to time, and which is available from the Group HR Manager.
10.4 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues Employee has been on long term sick leave continuously for more than seven calendar days a year he must obtain will not qualify for sick pay again until he has returned to work for a certificate or certificates from total of 4 weeks.
10.5 The Employee agrees to consent to medical examinations (at the Company's expense) by a registered medical practitioner (or hospital) for doctor nominated by the Company should the Company so long as his incapacity for work continuesrequire. This must The Employee agrees that any report produced in connection with any such examination may be forwarded disclosed to the Human Resources Director,
12.4 In Company or any Group Company and the event Company and such Group Company may discuss the contents of the Executive being prevented by a medically certified illness or injury from performing his duties, under report with the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemerelevant doctor.
12.5 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive employee shall use immediately notify the Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Company, co-operate in any related legal proceedings and refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencement, progress and outcome period of Incapacity.
10.7 The rights of the Company to terminate the Appointment under the terms of this agreement apply even when such claimtermination would or might cause the Employee to forfeit any entitlement to sick pay or other benefits.
Appears in 2 contracts
Samples: Employment Agreement (Volitionrx LTD), Employment Agreement (Volitionrx LTD)
Incapacity. 12.1 10.1 If the Executive is unable to attend work for any reason and his absence has not previously been authorised by the Company he must inform the Chief Restructuring Officer or the Chief Executive Officer or his designate of the Company of the fact of his absence and full reasons for it by 9:30am on the first Working Day of absence. Someone acting for him may effect this notification.
10.2 If the Executive is absent from work due for a period of sick absence of more than 8 consecutive days (including weekends) the Executive shall produce a doctor's statement or certificate. Such certificate shall not be conclusive or binding upon the Company as to sickness the matters stated therein. If the Company requires a doctor's statement or injury he must notify certificate for a period of absence of less than 8 days consecutive days then the Chairman or Human Resources Director as early as possible on Company will pay for the first day cost of absenceobtaining it.
12.2 10.3 If the Executive shall be absent on medical grounds certified in accordance with the provisions of clause 10.2 he shall be paid his full salary hereunder for up to 13 weeks' absence in any period of 12 consecutive months (such remuneration shall be inclusive of any Statutory Sick Pay to which the Executive is incapable of working due to sickness entitled under English law PROVIDED THAT any Social Security Sickness Benefit or injury he must provide other benefits recoverable by the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to workExecutive (whether or not recovered) may be deducted therefrom) thereafter the Company's Disability Policy shall come into effect.
12.3 If 10.4 For Statutory Sick Pay purposes the Executive’s incapacity continues for more than seven calendar 's qualifying days he must obtain a certificate or certificates from shall be Monday to Friday.
10.5 At any time during the period of his appointment the Executive shall at the request and expense of the Company permit himself to be examined by a registered medical practitioner (to be selected by the Company and shall authorise such medical practitioner to disclose to and discuss with the Company's medical adviser the results of such examination and any matters which arise from it in order that the Company's medical adviser can notify the Company of any matters, which, in his opinion, might hinder or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of prevent the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for (if during a period of eight weeks of absence per annum through sickness, incapacity) from returning to augment SSP to the level work for any period or (in other circumstances) from properly performing any duties of his current remuneration. Further payment beyond this period is employment at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemeany time.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 2 contracts
Samples: Deed of Agreement (Oneida LTD), Deed of Agreement (Oneida LTD)
Incapacity. 12.1 If 15.1 Subject to the Executive is absent Employee's compliance with the Company's sickness absence procedures (as amended from work time to time), he shall continue to receive his full salary and contractual benefits during any period of absence due to sickness or injury he must notify Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the Chairman or Human Resources Director as early as possible on the first day time of absence.
12.2 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor.
15.3 If the Executive Incapacity is incapable or appears to be occasioned by actionable negligence, nuisance or breach of working due to sickness or injury he must provide any statutory duty on the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive Employee shall use immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencementperiod of Incapacity.
15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, progress and outcome of such claimpermanent health insurance or other benefits.
Appears in 2 contracts
Samples: Service Agreement (Remmington Enterprises, Inc.), Service Agreement (Remmington Enterprises, Inc.)
Incapacity. 12.1 10.1 If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director CEO of the reason for the absence as early soon as possible on the first day of absencepossible.
12.2 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager.
10.3 Subject to the Employee's compliance with this agreement and the Company sickness policy (as amended from time to time) and subject to clause 10.4, the Employee shall receive sick pay in accordance with the Company sickness policy, which may be amended from time to time, and which is available from the Group HR Manager.
10.4 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues Employee has been on long term sick leave continuously for more than seven calendar days a year, he must obtain will not qualify for sick pay again until he has returned to work for a certificate or certificates from total of 4 weeks.
10.5 The Employee agrees to consent to medical examinations (at the Company's expense) by a registered medical practitioner (or hospital) for doctor nominated by the Company should the Company so long as his incapacity for work continuesrequire. This must The Employee agrees that any report produced in connection with any such examination may be forwarded disclosed to the Human Resources Director,
12.4 In Company or any Group Company and the event Company and such Group Company may discuss the contents of the Executive being prevented by a medically certified illness or injury from performing his duties, under report with the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemerelevant doctor.
12.5 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive employee shall use immediately notify the Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Company, co-operate in any related legal proceedings and refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencement, progress and outcome period of Incapacity.
10.7 The rights of the Company to terminate the Appointment under the terms of this agreement apply even when such claimtermination would or might cause the Employee to forfeit any entitlement to sick pay or other benefits.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement (Volitionrx LTD)
Incapacity. 12.1 If 13.1 Subject to his complying with the Company's procedures relating to the notification and certification of periods of absence from work, the Executive is absent shall continue to be paid his salary (inclusive of any statutory sick pay or social security benefits to which he may be entitled) during any period of absence from work due to sickness sickness, injury or injury he must notify the Chairman or Human Resources Director as early as possible on the first day other incapacity up to a maximum of absence26 weeks in aggregate in any period of 52 consecutive weeks.
12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 13.2 If any incapacity of the Executive shall be caused by any an alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive and shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him by the Company under clause 12.4 and Clause 13.1, he shall account to the Company for any such damages for loss of earnings recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 Clause 13.1 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of any such claim. If required by the Company (and on receipt of an indemnity from the Company for all the costs thereby incurred) the Executive shall use reasonable endeavours to recover such damages.
13.3 The Company may require the Executive to undergo at its expense an annual medical examination, whether or not he is then incapacitated, by a doctor nominated by the Company. The results of such examinations shall be provided first to the Executive by such doctor and will only be provided to the Company by prior written authorisation by the Executive, which shall not be unreasonably withheld.
13.4 For the purposes of the Data Protection Axx 0000 ("the DPA"), in the event that the Executive or a medical practitioner provides information to the Company concerning the Executive's health, he hereby expressly consents to the Company retaining such information on his personnel file for so long as is reasonably necessary for the purposes of ensuring that it complies in full with its obligations under health and safety legislation and of effectively managing the aspects of its business in which the Executive is involved. The Executive undertakes to sign any additional consents that may be required for the Company to process such information for such purposes.
Appears in 1 contract
Incapacity. 12.1 13.1 If the Executive is absent shall be prevented by illness (including mental disorder) injury or other incapacity from work due properly performing his duties hereunder he shall report this fact forthwith to sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day of absence.
12.2 If designated Company representative and if the Executive is incapable so prevented for seven or more consecutive days he shall provide a medical practitioner's statement on the eighth day and weekly thereafter so that the whole period of working incapacity is certified by such statements. Immediately following his return to work after a period of absence due to sickness or injury he must provide incapacity the Human Resources Department with Executive shall complete a completed LIFFE sickness self-certification form immediately upon return to workavailable from the Company detailing the reason for his absence.
12.3 13.2 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled absent from his duties hereunder due to illness (including mental disorder) accident or other incapacity duly certified in accordance with the provisions of sub-clause 13.1 hereof, he shall be paid (subject to any entitlement he may have to benefit under the Company's permanent health insurance scheme referred to in clause 9.1 above) his full remuneration hereunder (including bonus and commission, if any) for up to 270 days' absence whether or not consecutive in any period of 12 consecutive months and thereafter such benefitsremuneration, if any, as are payable under the Company’s permanent health insurance schemeBoard shall determine from time to time provided that such remuneration shall be inclusive of any Statutory Sick Pay to which the Executive is entitled and any Social Security Sickness Benefit or any other benefits recoverable by the Executive (whether or not recovered) may be deducted therefrom.
12.5 13.3 If any the illness, accident or other incapacity of the Executive shall be caused or appear to be occasioned by any alleged action or wrong actionable negligence of a third party and in respect of which damages are or may be recoverable, the Executive shall decide immediately notify the Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to claim the Company all particulars the Company may reasonably require and shall if required by the Company refund to the Company that part of any damages in respect thereof then the Executive shall use all reasonable endeavours recovered relating to recover damages for loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to of incapacity as the Company for any such may reasonably require provided that the amount to be refunded shall not exceed the amount of damages or compensation recovered (in an amount not exceeding the actual salary paid or payable to by him by the Company under clause 12.4 in respect of the said period) less any costs borne by the Executive in connection with the recovery of such damages or compensation and shall not exceed the total remuneration paid to him by way of salary in achieving such recovery. The Executive shall keep the Company informed respect of the commencement, progress and outcome period of such claimabsence.
Appears in 1 contract
Samples: Service Agreement (Ebookers PLC)
Incapacity. 12.1 10.1 If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director Chief Executive Officer of the reason for the absence as early soon as possible but no later than 10 am on the first day of absence.
12.2 If the Executive 10.2 The Employee shall certify his absence until he is incapable of working due required to sickness or injury he must provide the Human Resources Department with obtain a completed LIFFE sickness self-certification form immediately upon return to workfit note from his GP.
12.3 If 10.3 Subject to his compliance with this Agreement, the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive Employee shall be entitled to such benefits, if any, as are payable under receive his full salary and contractual benefits during any periods of sickness absence up to a maximum of 10 days in any 52 week period. Those payments shall be inclusive of any SSP due.
10.4 The Employee agrees to consent to medical examinations (at the Company’s permanent health insurance scheme's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed in its complete form to the Company and the Company may discuss the contents of the report with the relevant doctor.
12.5 10.5 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Employee shall immediately notify the Chief Executive Officer of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Chief Executive Officer may reasonably require. The Employee shall use all reasonable endeavours if required by the Company, co-operate in any related legal proceedings and refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Chief Executive Officer may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencement, progress and outcome period of Incapacity.
10.6 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such claimtermination would or might cause the Employee to forfeit any entitlement to sick pay or other benefits.
Appears in 1 contract
Incapacity. 12.1 10.1 If the Executive Appointee shall be prevented by Incapacity or sickness from properly performing his duties hereunder he shall report this fact forthwith to the CEO and if the Appointee is so prevented for three or more consecutive days he shall provide a medical practitioner’s statement on the third day and weekly thereafter so that the whole period of the Incapacity is certified by such statements.
10.2 The Company does not pay company sick pay and the Appointee has no entitlement to company sick pay. If the Appointee is absent from work his duties hereunder due to Incapacity the Appointee may (and where awarded, without prejudice to the right of the Company to terminate the Appointee’s employment in accordance with the provisions of this Agreement) be paid for a particular period of time his full remuneration, or part thereof, hereunder, as the Company shall determine in its entire discretion from time to time. Any payments the Appointee would be entitled to from social security or other insurances (e.g. sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day benefits, daily allowances) have to be set off against any payments of absenceremuneration under this clause 10.2.
12.2 10.3 If the Executive is incapable Appointee suffers an Incapacity preventing him from discharging in full his duties hereunder for a total of thirty (30) or more working due days in any twelve consecutive calendar months, the Company may by notice in writing to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for Appointee given at any time so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receiveIncapacity shall continue:
(a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefitsdiscontinue any payment, if any, in whole or part of his remuneration on and from such date as are payable under may be specified in the Company’s permanent health insurance schemenotice until the Incapacity shall cease; or
(b) whether or not payment shall have already been discontinued as aforesaid, terminate this employment forthwith or on such date as may be specified in the notice.
12.5 10.4 If any incapacity of the Executive Incapacity or sickness shall be caused or appear to be occasioned by any alleged action or wrong actionable negligence of a third party in respect of which damages are or may be recoverable, the Appointee shall immediately notify the CEO and the Executive CFO of the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall decide give to claim the CEO all particulars the CEO may reasonably require and shall (if so required by the CEO) refund to the Company such part of any damages in respect thereof then the Executive shall use all reasonable endeavours recovered relating to recover damages for loss of earnings over for the period for which salary has been of absence by reason of Incapacity or will sickness as the CEO may reasonably determine, provided that:
(a) the amount to be paid to him under clause 12.4 and refunded shall account to not exceed either the Company for any such amount of the damages or compensation recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Appointee less any costs borne by him in achieving connection with such recovery. The Executive recovery or the total remuneration paid to the Appointee by way of salary in respect of the period of the Incapacity;
(b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration shall keep be deemed to be made after recovery in respect of any other head of claim.
10.5 At any time during the Term, the Appointee shall at the request and expense of the Company informed of permit himself to be examined by a registered medical practitioner to be selected by the commencement, progress Company and outcome shall authorise such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such claimexamination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or prevent the Appointee (if during a period of Incapacity or sickness) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any time.
Appears in 1 contract
Incapacity. 12.1 If Subject to the Executive is absent Employee’s compliance with this Agreement and the Company’s sickness absence procedures (as amended from work time to time), the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day Incapacity for up to an aggregate of absence12 weeks in any 52-week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation.
12.2 If With respect to any medical condition or suspected medical condition that the Executive is incapable Board believes has, or will have, an impact on the Employee’s ability to perform his duties hereunder, the Employee agrees to consent to medical examinations (at the Company’s expense) by a doctor nominated by the Company. The Employee agrees that any report produced in connection with any such examination may be disclosed to relevant personnel within the Company who shall treat it as extremely confidential and not discuss it with anyone outside the Company save that the Company may discuss the contents of working due to sickness or injury he must provide the Human Resources Department report with a completed LIFFE sickness self-certification form immediately upon return to workthe relevant doctor and any relevant legal advisor.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate Incapacity is or certificates from a registered medical practitioner (appears to be occasioned by actionable negligence, nuisance or hospital) for so long as his incapacity for work continues. This must be forwarded to breach of any statutory duty on the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive Employee shall use immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencementperiod of Incapacity.
12.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, progress and outcome of such claimpermanent health insurance or other benefits.
Appears in 1 contract
Samples: Employment Agreement (Ensco PLC)
Incapacity. 12.1 9.1 If the Executive Appointee will be prevented by Incapacity from properly performing his duties hereunder he will report this fact forthwith to the Chief Operating Officer and if the Appointee is absent from so prevented for seven or more consecutive days he will provide a medical practitioner’s statement on the eighth day and weekly thereafter so that the whole period of the Incapacity is certified by such statements. Immediately following his return to work after a period of absence due to sickness or injury he must notify Incapacity the Chairman or Human Resources Director as early as possible on Appointee will complete a Self-Certification Form available from the first day of Chief Operating Officer detailing the reason for his absence.
12.2 9.2 If the Executive is incapable of working Appointee will be absent from his duties hereunder due to sickness Incapacity duly certified in accordance with sub-clause 9.1, he will be paid his full remuneration hereunder (which will include salary whether in lieu of notice or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospitalotherwise) for so long as his incapacity for work continues. This must be forwarded up to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
asixty (60) eligible Statutory Sick Pay; and
b) payment from the Company, for a working days’ absence in any period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current twelve (12) consecutive months and thereafter such remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable the Board will determine from time to time provided that such remuneration will be inclusive of any social welfare sickness benefit to which the Appointee is entitled under the Company’s permanent health insurance schemeprovisions of the Social Welfare Acts and any such sickness or other benefits recoverable by the Appointee (whether or not recovered) may be deducted therefrom.
12.5 9.3 If any incapacity of the Executive shall Incapacity will be caused or appear to be occasioned by any alleged action or wrong actionable negligence of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable the Executive shall use Appointee will immediately notify the Board of the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and will give to the Board all reasonable endeavours particulars the Board may reasonably require and will (if so required by the Board) refund to recover the Company such part of any damages for recovered relating to loss of earnings over for the period for which salary has been of the Incapacity as the Board may reasonably determine, provided that:
(a) the amount to be refunded will not exceed either the amount of the damages or will be paid to him under clause 12.4 and shall account to the Company for any such damages compensation recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Appointee less any costs borne by him in achieving connection with such recovery. The Executive shall keep recovery or the total remuneration paid to the Appointee by way of salary in respect of the period of the Incapacity;
(b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration will be deemed to be made after recovery in respect of any other head of claim.
9.4 At any time during the continuance of this Agreement, the Appointee will at the request and expense of the Company informed of permit himself to be examined by a registered medical practitioner to be selected by the commencement, progress Company and outcome will authorise such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such claimexamination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or prevent the Appointee (if during a period of Incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any time.
Appears in 1 contract
Incapacity. 12.1 If 10.1 Subject to your compliance with the Executive is absent sickness absence procedures of the Company (as amended from work time to time), if you continue to receive payment and benefits (other than statutory sick pay) during any period of absence due to sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day of absence.
12.2 If the Executive Incapacity this is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is entirely at the discretion of the Company. Thereafter the Executive Any indicative potential entitlements are included in Schedule 1 and any payments shall be entitled inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence.
10.2 You agree to such benefits, if any, as are payable under consent to medical examinations (at the expense of the Company’s permanent health insurance scheme) by a doctor nominated by the Company should the Company so require. You agree that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor.
12.5 10.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, you shall immediately notify HR of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Executive shall use all reasonable endeavours Company may reasonably require. You shall, if required, refund to recover the Company that part of any damages for or compensation recovered relating to the loss of earnings over for the period for which salary has been of the Incapacity as the Company may reasonably determine less any costs borne in connection with the recovery of such damages or will compensation, provided that the amount to be refunded shall not exceed the total amount paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him you by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. period of Incapacity.
10.4 The Executive shall keep rights of the Company informed to terminate your Employment under the terms of the commencementthis agreement apply even when such termination would or might cause you to forfeit any entitlement to sick pay, progress and outcome of such claiminsurance or other benefits.
Appears in 1 contract
Incapacity. 12.1 If 14.1 Subject to his complying with the Company's procedures relating to the notification and certification of periods of absence from work, the Executive is absent shall continue to be paid his salary (inclusive of any statutory sick pay or social security benefits to which he may be entitled) during any period of absence from work due to sickness sickness, injury or injury he must notify the Chairman or Human Resources Director as early as possible on the first day other incapacity up to a maximum of absence26 weeks in aggregate in any period of 52 consecutive weeks.
12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 14.2 If any incapacity of the Executive shall be caused by any an alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive and shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him by the Company under clause 12.4 and Clause 14.1, he shall account to the Company for any such damages for loss of earnings recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 Clause 14.1 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of any such claim. If required by the Company (and on receipt of an indemnity from the Company for all the costs thereby incurred) the Executive shall use reasonable endeavours to recover such damages.
14.3 The Company may require the Executive to undergo at its expense an annual medical examination, whether or not he is then incapacitated, by a doctor nominated by the Company. The results of such examinations shall be provided first to the Executive by such doctor and will only be provided to the Company by prior written authorisation by the Executive, which shall not be unreasonably withheld.
14.4 For the purposes of the Data Protection Axx 0000 ("the DPA"), in the event that the Executive or a medical practitioner provides information to the Company concerning the Executive's health, he hereby expressly consents to the Company retaining such information on his personnel file for so long as is reasonably necessary for the purposes of ensuring that it complies in full with its obligations under health and safety legislation and of effectively managing the aspects of its business in which the Executive is involved. The Executive undertakes to sign any additional consents that may be required for the Company to process such information for such purposes.
Appears in 1 contract
Incapacity. 12.1 If The Company may request that the Executive attends a medical examination by occupational health and/or an independent medical examination, the cost of which will be borne by the Company. The Executive acknowledges that the Company may need the Executive to attend that examination, and to see the results of that examination and information from other medical professionals who may be treating the Executive, in order to make decisions about the Executive's employment, including any reasonable adjustments (and that if relevant information is absent from work due to sickness or injury he must notify withheld the Chairman or Human Resources Director as early as possible on Company may make decisions in the first day absence of absencesuch information).
12.2 If the Executive is incapable of working due absent from and unable to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If perform the Executive’s 's duties as a result of incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks seven days or more the Executive will produce medical certificates to the Company in respect of the absence and shall keep the Company informed of the progress of and material developments in relation to such incapacity.
12.3 Subject to clauses 12.4 and 12.5, if the Executive shall be absent from and unable properly to perform the Executive's duties owing to incapacity, the Executive shall be entitled to full salary and benefits excluding any bonus or commission for a maximum of 30 days' absence in any period of 12 consecutive months. Continuation (if any) of salary and/or benefits in respect of any further period of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is shall be at the discretion of the Company. Thereafter Any sums paid under this clause shall be deemed to be inclusive of statutory sick pay. For statutory sick pay purposes, the qualifying days will be Monday to Friday (inclusive).
12.4 The Company at all times reserves the right to withhold, discontinue or request repayment of any contractual sick pay if:
12.4.1 it is satisfied that there has been any abuse of the sick pay arrangements or misrepresentation of the reasons for the Executive's absence;
12.4.2 an injury from an accident at work was caused by the Executive's misconduct at work;
12.4.3 in the opinion of a doctor nominated by the Company, the Executive is well enough to work; or
12.4.4 the Executive acts in a manner likely to delay recovery.
12.5 The Executive's entitlement under clause 12.3 shall cease if the Executive becomes eligible to receive benefits under any permanent health insurance scheme or any other such scheme in respect of which the Company or any Associated Company pays or has paid premiums on behalf of the Executive, in which case the Company shall have no further obligation to the Executive under this clause.
12.6 If the Executive is absent due to illness for more than 3 monthss, the Company shall be entitled at any time thereafter to such benefits, if any, as are payable under appoint a further executive director or employee to perform the Company’s permanent health insurance schemeExecutive's duties and to exercise the Executive's powers.
12.5 If any incapacity of the 12.7 The Executive shall be promptly inform the Company if the Executive's inability to perform the Executive's duties results from incapacity caused by any alleged action or wrong of a third party and for which compensation is or may be recoverable by or on behalf of the Executive. In that event, any payments made under this clause in excess of statutory sick pay shall be treated as being made to the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss by way of earnings over the period for which salary has been or will be paid to him under clause 12.4 loan and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him be recoverable by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recoveryCompany. The Executive shall keep ACTIVE/126725160.2 the Company regularly informed of the commencementprogress of any action against such third party, progress provide such information as the Company may from time to time reasonably require and outcome shall immediately notify the Company in writing of any compromise, settlement, award or judgment in connection with the claim. At the Company's request, the Executive shall refund to the Company the lesser of the amount recovered by the Executive and the aggregate cost of payments and benefits in excess of statutory sick pay provided under this clause in respect of such claimperiod of absence. Any such payment under this clause shall be subject to the maximum aggregate sum permitted to be lent by the Company to the Executive without shareholder approval under the restrictions contained in the Companies Act 2006 relating to loans made to directors.
Appears in 1 contract
Incapacity. 12.1 9.1 If the Executive is absent from work for any reason, and his absence has not previously been authorised by the Board, he must inform a fellow Executive both of the fact of his absence and give an indication of the date when he expects to be able to return to work. This information should be given as soon as reasonably practicable on the first day of absence. The Executive should inform the Company as soon as possible of any change in the date of his anticipated returns to work.
9.2 Such notification does not necessarily approve such absences. Absences which are considered excessive in the Board's opinion may lead to disciplinary action up to and including termination of employment.
9.3 If the Executive is absent from work due to sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day of absence.
12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days (including weekends) he must obtain provide the Company with a medical certificate on the eighth day of sickness or injury. Thereafter medical certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded provided to the Human Resources Director,Company on a weekly basis.
12.4 In 9.4 Immediately following the event Executive's return to work after a period of the Executive being prevented absence which has not previously been authorised by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, he is required to complete a Self Certification Form stating the dates of and the reason for his absence, including details of sickness on non- working days as this information is required by the Company for calculating Statutory Sick Pay entitlement. Self-Certification Forms will be retained in the Company's record. Self-Certification Forms are available from the Finance Director and the completed form should be returned to the Finance Executive.
9.5 The Executive may be required at any time to attend a doctor or clinic ("the Medical Advisor") nominated by the Company to be medically examined whether or not he is suffering or has suffered any period of eight weeks sickness or incapacity for work. The Executive shall ensure the prompt delivery of absence per annum through sickness, the relative report to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter Notwithstanding the provisions of the Access to Medical Reports Xxx 0000 the Executive shall be entitled will allow the Company access to such benefits, if any, as are payable any medical report relating to his physical or mental health by a medical practitioner during the period of his employment under the Company’s permanent health insurance schemethis Agreement.
12.5 9.6 The Executive authorises his medical notes and clinical records to be released by his medical practitioner to the Medical Adviser if the Company deems it necessary to obtain them for the purpose of establishing the Executive's true medical position and/or verify the true reason for absence.
9.7 The Executive authorises the Medical Adviser to disclose the results of the medical examination and discuss with the Company any matter arising from such medical examination which might impair him in properly discharging his duties and responsibilities. Should the Medical Adviser advise the Company that the Executive is fit to return to work, the Company shall cease payment of any sick pay whether SSP or Company Sick Pay.
9.8 If any incapacity of the Executive shall be caused or appear to be occasioned by any alleged action or wrong actionable negligence of a third party and in respect of which damages are or may be recoverable the Executive shall decide forthwith notify the Board of that fact and of any claim compromise settlement or judgment made or awarded in connection therewith and shall give to claim damages in respect thereof then the Board all such particulars of such matters as the Board may reasonably require. All sums paid to the Executive during any such period of incapacity shall be paid by way of loan only and shall if so required by the Board be refunded to the Company provided that the Executive shall use all reasonable endeavours not be required to recover refund a sum exceeding whichever is the less of:-
9.8.1 the amount of damages for or compensation recovered by him under such compromise settlement or judgment specifically allocated to loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) period from the date at which the Executive is first absent until the date of compromise settlement or judgment or the Executive's return to work if earlier less any costs in connection therewith borne by the Executive; and
9.8.2 the aggregate of the remuneration paid to him by way of salary in achieving respect of the period of such recovery. The Executive shall keep absence as the Company informed of the commencement, progress and outcome of such claimmay determine.
Appears in 1 contract
Incapacity. 12.1 If 13.1 Subject to his complying with the Company's procedures relating to the notification and certification of periods of absence from work, the Executive is absent shall continue to be paid his salary (inclusive of any statutory sick pay on social security benefits to which he may be entitled) during any period of absence from work due to sickness sickness, injury or injury he must notify the Chairman or Human Resources Director as early as possible on the first day other incapacity up to a maximum of absence26 weeks in aggregate in any period of 52 consecutive weeks.
12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 13.2 If any incapacity of the Executive shall be caused by any an alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive and shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him by the Company under clause 12.4 and Clause 13.1, he shall account to the Company for any such damages for loss of earnings recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 Clause 13.1 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of any such claim. If required by the Company (and on receipt of an indemnity from the Company for all the costs thereby incurred) the Executive shall use reasonable endeavors to recover such damages.
13.3 The Company may require the Executive to undergo at its expense an annual medical examination, whether or not he is then incapacitated, by a doctor nominated by the Company. The results of such examinations shall be provided first to the Executive by such doctor and will only be provided to the Company by prior written authorisation by the Executive, which shall not be unreasonably withheld.
13.4 For the purposes of the Data Protection Axx 0000 ("the DPA"), in the event that the Executive or a medical practitioner provides information to the Company concerning the Executive's health, he hereby expressly consents to the Company retaining such information on his personnel file for so long as is reasonably necessary for the purposes of ensuring that it complies in full with its obligations under health and safety legislation and of effectively managing the aspects of its business in which the Executive is involved. The Executive undertakes to sign any additional consents that may be required for the Company to process such information for such purposes.
Appears in 1 contract
Incapacity. 12.1 14.1 If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director Employee’s supervisor of the reason for the absence as early soon as possible but no later than 10 a.m. on the first day of absence.
12.2 14.2 The Employee shall certify the Employee’s absence in accordance with the Employer sickness policy in effect from time to time.
14.3 The Employee’s qualifying days for SSP purposes are Monday to Friday. Subject to the Employee’s compliance with this Agreement and subject to Clause 14.4, the Employee shall be entitled to receive contractual sick pay. Contractual sick pay is inclusive of any SSP that may be due for the same period and is paid for up to eighteen (18) weeks’ at full pay in any twelve 12 month period.
14.4 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues Employee has been on long term sick leave continuously for more than seven calendar days he must obtain a certificate year, the Employee will not qualify for sick pay again until the Employee has returned to work for a total of 26 weeks.
14.5 The Employee agrees to consent to medical examinations (at the Employer’s expense) by a doctor nominated by the Employer should the Employer so require.
14.6 If the Incapacity is or certificates from appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a registered medical practitioner (third party in respect of which damages are or hospital) for so long as his incapacity for work continuesmay be recoverable, the Employee shall immediately notify the Employer of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Employer may reasonably require. This must be forwarded The Employee shall if required by the Employer, co-operate in any related legal proceedings and refund to the Human Resources Director,
12.4 In Employer that part of any damages or compensation recovered by the event Employee relating to the loss of earnings for the period of the Executive being prevented Incapacity as the Employer may reasonably determine less any costs borne by a medically certified illness the Employee in connection with the recovery of such damages or injury from performing his dutiescompensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Employer in respect of the period of Incapacity.
14.7 The rights of the Employer to terminate the Appointment under the terms of this employment he is entitled Agreement apply even when such termination would or might cause the Employee to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Companyforfeit any entitlement to sick pay, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemeor other benefits.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Samples: Employment Contract (Ezcorp Inc)
Incapacity. 12.1 9.1 If the Appointee will be prevented by Incapacity from properly performing his duties hereunder he will report this fact forthwith to the Chief Executive Officer and if the Appointee is absent from so prevented for seven or more consecutive days he will provide a medical practitioner’s statement on the eighth day and weekly thereafter so that the whole period of the Incapacity is certified by such statements. Immediately following his return to work after a period of absence due to sickness or injury he must notify Incapacity the Chairman or Human Resources Director as early as possible on Appointee will complete a Self-Certification Form available from the first day of Chief Executive Officer detailing the reason for his absence.
12.2 9.2 If the Executive is incapable of working Appointee will be absent from his duties hereunder due to sickness Incapacity duly certified in accordance with sub-clause 9.1, he will be paid his full remuneration hereunder (which will include salary whether in lieu of notice or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospitalotherwise) for so long as his incapacity for work continues. This must be forwarded up to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
asixty (60) eligible Statutory Sick Pay; and
b) payment from the Company, for a working days’ absence in any period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current twelve (12) consecutive months and thereafter such remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable the Board will determine from time to time provided that such remuneration will be inclusive of any social welfare sickness benefit to which the Appointee is entitled under the Company’s permanent health insurance schemeprovisions of the Social Welfare Acts and any such sickness or other benefits recoverable by the Appointee (whether or not recovered) may be deducted therefrom.
12.5 9.3 If any incapacity of the Executive shall Incapacity will be caused or appear to be occasioned by any alleged action or wrong actionable negligence of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable the Executive shall use Appointee will immediately notify the Board of the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and will give to the Board all reasonable endeavours particulars the Board may reasonably require and will (if so required by the Board) refund to recover the Company such part of any damages for recovered relating to loss of earnings over for the period for which salary has been of the Incapacity as the Board may reasonably determine, provided that:
(a) the amount to be refunded will not exceed either the amount of the damages or will be paid to him under clause 12.4 and shall account to the Company for any such damages compensation recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Appointee less any costs borne by him in achieving connection with such recovery. The Executive shall keep recovery or the total remuneration paid to the Appointee by way of salary in respect of the period of the Incapacity;
(b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration will be deemed to be made after recovery in respect of any other head of claim.
9.4 At any time during the continuance of this Agreement, the Appointee will at the request and expense of the Company informed of permit himself to be examined by a registered medical practitioner to be selected by the commencement, progress Company and outcome will authorise such medical practitioner to disclose to and Execution Copy discuss with the Company’s medical adviser the results of such claimexamination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or prevent the Appointee (if during a period of Incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any time.
Appears in 1 contract
Incapacity. 12.1 11.1 If the Executive Appointee shall be prevented by Incapacity or sickness from properly performing his duties hereunder he shall report this fact forthwith to the Chairman and if the Appointee is so prevented for three or more consecutive days he shall provide a medical practitioner’s statement on the third day and weekly thereafter so that the whole period of the Incapacity is certified by such statements.
11.2 The Company will pay company sick pay at 3 months full pay and then 3 months half pay in any rolling 12 month period. if the Appointee is absent from work his duties hereunder due to Incapacity the Appointee may (and where awarded, without prejudice to the right of the Company to terminate the Appointee’s employment in accordance with the provisions of this Agreement) be paid for a particular period of time his full remuneration, or pad thereof, hereunder, as the Company shall determine in its entire discretion from time to time. Any payments the Appointee would be entitled to from social security or other insurances (e.g. sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day benefits, daily allowances) have to be set off against any payments of absenceremuneration under this clause 10.2.
12.2 11.3 If the Executive is incapable Appointee suffers an Incapacity preventing him from discharging in full his duties hereunder for a total of one hundred and twenty six (126) or more working due days in any twelve consecutive calendar months, the Company may by notice in writing to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for Appointee given at any time so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receiveIncapacity shall continue:
(a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefitsdiscontinue any payment, if any, in whole or part of his remuneration on and from such date as are payable under may be specified in the Company’s permanent health insurance schemenotice until the Incapacity shall cease; or
(b) whether or not payment shall have already been discontinued as aforesaid, terminate this employment forthwith or on such date as may be specified in the notice.
12.5 11.4 If any incapacity of the Executive Incapacity or sickness shall be caused or appear to be occasioned by any alleged action or wrong actionable negligence of a third party in respect of which damages are or may be recoverable, the Appointee shall immediately notify the Chairman and the Executive Chief Financial Officer (CFO) of the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall decide give to claim the Chairman all particulars the Chairman may reasonably require and shall (if so required by the Chairman) refund to the Company such part of any damages in respect thereof then the Executive shall use all reasonable endeavours recovered relating to recover damages for loss of earnings over for the period for which salary has been of absence by reason of Incapacity or will sickness as the Chairman may reasonably determine, provided that:
(a) the amount to be paid to him under clause 12.4 and refunded shall account to not exceed either the Company for any such amount of the damages or compensation recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Appointee less any costs borne by him in achieving connection with such recovery. The Executive recovery or the total remuneration paid to the Appointee by way of salary in respect of the period of the Incapacity;
(b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration shall keep be deemed to be made after recovery in respect of any other head of claim.
11.5 At any time during the Term, the Appointee shall at the request and expense of the Company informed of permit himself to be examined by a registered medical practitioner to be selected by the commencement, progress Company and outcome shall authorise such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such claimexamination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or prevent the Appointee (if during a period of Incapacity or sickness) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any time.
Appears in 1 contract
Incapacity. 12.1 10.1 If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director CEO the reason for the absence as early soon as possible but no later than the morning on the first day of absence.
12.2 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager.
10.3 Subject to the Employee’s compliance with this agreement and the Company sickness policy (as amended from time to time) and subject to clause 10.4, the Employee shall receive sick pay in accordance with the Company sickness policy, which may be amended from time to time, and which is available from the Group HR Manager.
10.4 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues Employee has been on long term sick leave continuously for more than seven calendar days a year he must obtain a certificate or certificates from a registered medical practitioner (or hospital) will not qualify for so long as his incapacity for sick pay again until he has returned to work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period total of eight weeks of absence per annum through sickness, 4 weeks.
10.5 The Employee agrees to augment SSP consent to the level of his current remuneration. Further payment beyond this period is medical examinations (at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemeexpense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company or any Group Company and the Company and such Group Company may discuss the contents of the report with the relevant doctor.
12.5 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive employee shall use immediately notify the Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Company, co-operate in any related legal proceedings and refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencement, progress and outcome period of Incapacity.
10.7 The rights of the Company to terminate the Appointment under the terms of this agreement apply even when such claimtermination would or might cause the Employee to forfeit any entitlement to sick pay or other benefits.
Appears in 1 contract
Incapacity. 12.1 If the Executive is absent shall be prevented by illness accident or other incapacity from work due properly performing his duties hereunder he shall report this fact forthwith to sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day of absence.
12.2 If Board and if the Executive is incapable so prevented for seven or more consecutive days he shall provide a medical practitioner's statement on the eighth day and weekly thereafter. Immediately following his return to work after a period of working due to sickness or injury he must provide absence the Human Resources Department with Executive shall complete a completed LIFFE sickness self-certification form immediately upon return to workavailable from the Company Secretary.
12.2 Subject to clause 12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter if the Executive shall be absent from his duties hereunder due to illness accident or other incapacity duly certified in accordance with the provisions of subclause 12.1 hereof he shall be paid his full salary and all benefits hereunder for up to 60 days' absence in any period of 6 months and thereafter such remuneration if any as the Board shall unanimously in its discretion from time to time allow provided that there shall be deducted from or set off against such remuneration any statutory sick pay to which the Executive is entitled to such benefits, if any, as are under the provisions of the Xxxxxxxxx Xxxx Xxx Xxx 0000 or any sums payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of Social Security (Incapacity for Work) Xxx 0000 or other benefits recoverable by the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide whether pursuant to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him insurance policy maintained by the Company under or otherwise and whether or not recovered.
12.3 All sums paid pursuant to this clause 12.4 in respect of 12 shall be deemed to include statutory sick pay and the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencementamount of any benefits to which he is entitled (whether or not received) and a deduction equal to such amounts shall be made from any sums payable under clause 12.1.
12.4 If the absence shall be or appear to be occasioned by any act, progress omission, default or neglect of a third party in respect of which damages are or may be recoverable the Executive shall immediately notify the Board of that fact and outcome of any claim compromise settlement or judgement made or awarded in connection with it and shall give to the Board all particulars the Board may reasonably require and shall if required by the Board refund to the Company that part of any damages recovered relating to loss of earnings for the period of the incapacity as the Board may reasonably determine provided that the amount to be refunded shall not exceed the amount of damages or compensation recovered by him less any costs borne by the Executive in connection with the recovery of such claimdamages or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absence.
12.5 The Executive shall, if the Company so requires, submit to an examination by a medical practitioner nominated by the Company and in the event of a conflict of medical opinions the Company may refer the matter to an independent specialist acting as an expert whose opinion shall be final and binding.
12.6 For statutory sick pay purposes the Executive's qualifying days shall be his normal working days.
Appears in 1 contract
Samples: Service Agreement (Ebookers PLC)
Incapacity. 12.1 12.1. If the Executive is absent shall be prevented by ill health, accident or other incapacity from work due to sickness or injury he must properly performing his/her duties hereunder he/she shall notify the Chairman or Human Resources Director Company’s HR Department as early as possible and in any event by 9.00am UK time on the first working day of absence.
12.2 absence and shall furnish the HR Department with evidence satisfactory to it of such incapacity. If requested, such evidence will be in the form of a doctor’s certificate covering any period of absence in excess of 7 days. The Executive shall agree, if requested to a medical examination to be undertaken by the Company’s medical advisor and paid for by the Company. Subject thereto the Company shall pay to the Executive his/her full salary hereunder (“Company Sick Pay”) in respect of the first thirty working days of his/her incapacity in any rolling period of 12 months, provided that whilst the Executive is incapable entitled to be paid his/her full salary there shall be deducted there from any amounts receivable by the Executive under the provisions of working due the relevant social security legislation in force from time to time or by virtue of any sickness and/or accident benefit and/or medical health scheme operated or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If funded for the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate benefit by or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event on behalf of the Company except insofar as any such amounts represent reimbursement of medical or nursing fees or expenses incurred by the Executive being prevented by a medically certified illness and the amount of any social security or injury from performing his duties, sickness benefits to which the Executive may be entitled and the Executive shall make due claims for all amounts to which he/she is or may be entitled under the terms provisions of this employment he is entitled to receive:
a) eligible Statutory any of the said legislation, enactments or insurance schemes. Any Company Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is Pay thereafter shall be at the absolute discretion of the Company. Thereafter Company Sick Pay includes any statutory sick pay to which the Executive shall may be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance then prevailing rules of the statutory sick pay scheme.
12.5 12.2. If any incapacity of the Executive shall Executive’s absence should be caused occasioned by any alleged action or wrong the actionable negligence of a third party and the Executive shall decide to claim damages in respect thereof of which damages are recoverable, then the Executive shall use shall:
(a) notify the Company immediately of all reasonable endeavours to recover damages for loss the relevant circumstances and of earnings over the period for which salary has been any claim, compromise, settlement or will be paid to him under clause 12.4 and shall account judgment made or awarded in connection with it;
(b) give to the Company for such information concerning the above matters as the Company may reasonably require; and
(c) if the Company so requires, refund to the Company any amount received by him/her from any such damages third party provided that the refund shall be no more than the amount which he/she has recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claimremuneration.
Appears in 1 contract
Samples: Executive Service Agreement (Biotie Therapies Corp.)
Incapacity. 12.1 13.1 If You cannot attend work because you are ill or injured You must comply with the sickness absence reporting procedures and provide the necessary evidence as set out in the Company’s Sickness Absence Policy (as amended from time to time).
13.2 You may be entitled to Statutory Sick Pay (“SSP”) if You satisfy the relevant statutory requirements.
13.3 Subject to Your compliance with this Agreement and the Company’s sickness absence procedures (as amended from time to time) after You have completed Your probationary period the Company may in its absolute discretion pay you Your full basic salary and contractual benefits during any periods of sickness absence up to a maximum of 30 aggregate days in any rolling 52 week period. Those payments shall be inclusive of any SSP due. If You have been on long term sick leave continuously for more than a year You will not qualify for Company sick pay again until You have returned to work for a total of 8 weeks.
13.4 Any employer and employee pension contributions will continue subject to the relevant scheme rules during any period while You are in receipt of Company sick pay or SSP.
13.5 You agree to consent to medical examinations (at the Company’s expense) by a doctor nominated by the Company should the Company so require. You agree that any report produced in connection with any such examination may be disclosed to any Group Company and any Group Company may discuss the contents of the report with the relevant doctor.
13.6 If a period of sickness absence is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party, in respect of which damages are or may be recoverable, You must immediately notify Human Resources of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that we may reasonably require. If the Executive is absent from work due Company requires You to do so, You must co-operate with any related legal proceedings and refund to the Company that part of any damages or compensation You recover that relates to lost earnings for the period of sickness absence as we may reasonably determine, less any costs You incurred in connection with the recovery of such damages or injury he must notify compensation, provided that the Chairman or Human Resources Director as early as possible on amount to be refunded to the first day Company shall not exceed the total amount paid to You by the Company in respect of the period of sickness absence.
12.2 13.7 If the Executive is incapable You are incapacitated by reason of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness ill health or injury from performing his dutiesYour duties under this Agreement for a period of or periods aggregating 132 days in any 52 week period (whether or not You remain incapacitated from performing Your duties under this Agreement), the Company may terminate this Agreement by giving You three months’ notice in writing.
13.8 The rights of the Company to terminate the Appointment under the terms of this employment he is entitled Agreement apply even when such termination would or might cause You to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, forfeit any entitlement to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall sick pay or other benefits (including any insurances that may be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemeapplicable).
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Samples: Employment Contract (WEX Inc.)
Incapacity. 12.1 10.1 If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director of the Board of the reason for the absence as early soon as possible but no later than 9am on the first day of absence.
12.2 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager.
10.3 Subject to the Employee's compliance with this agreement and the Company sickness policy (as amended from time to time) and subject to clause 10.4, the Employee shall receive sick pay in accordance with the Company sickness policy, which may be amended from time to time, and which is available from the Group HR Manager.
10.4 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues Employee has been on long term sick leave continuously for more than seven calendar days a year, he must obtain will not qualify for sick pay again until he has returned to work for a certificate or certificates from total of 4 weeks.
10.5 The Employee agrees to consent to medical examinations (at the Company's expense) by a registered medical practitioner (or hospital) for doctor nominated by the Company should the Company so long as his incapacity for work continuesrequire. This must The Employee agrees that any report produced in connection with any such examination may be forwarded disclosed to the Human Resources Director,
12.4 In Company or any Group Company and the event Company and such Group Company may discuss the contents of the Executive being prevented by a medically certified illness or injury from performing his duties, under report with the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemerelevant doctor.
12.5 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive employee shall use immediately notify the Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Company, co-operate in any related legal proceedings and refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencement, progress and outcome period of Incapacity.
10.7 The rights of the Company to terminate the Appointment under the terms of this agreement apply even when such claimtermination would or might cause the Employee to forfeit any entitlement to sick pay or other benefits.
Appears in 1 contract
Incapacity. 12.1 10.1 If the Executive Appointee shall be prevented by Incapacity or sickness from properly performing his duties hereunder he shall report this fact forthwith to the Board and if the Appointee is so prevented for three or more consecutive days he shall provide a medical practitioner’s statement on the third day and weekly thereafter so that the whole period of the Incapacity is certified by such statements.
10.2 If the Appointee shall be absent from work his duties hereunder due to Incapacity or sickness duly certified in accordance with sub-Clause 10.1 for a continuous period of up to six months in any period of twelve (12) consecutive months he shall be paid all remuneration. Such remuneration shall be inclusive of any social welfare sickness benefit to which the Appointee is entitled by law and any such sickness or injury he must notify other benefits including, without limitation, permanent health insurance benefits, recoverable by the Chairman or Human Resources Director as early as possible on the first day of absenceAppointee.
12.2 10.3 If the Executive is incapable of working Appointee shall be absent from his duties hereunder due to Incapacity or sickness or injury he must provide the Human Resources Department duly certified in accordance with sub-Clause 10.1 for a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain period in excess of a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event continuous period of the Executive being prevented by a medically certified illness or injury from performing his duties, under six months then the terms of this employment he is entitled the Long Term Illness Insurance to receive:be established by the Company or GCAL shall apply as set out in sub Clause 7.12.
a) eligible Statutory Sick Pay; and
b) payment from 10.4 If the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive Incapacity or sickness shall be entitled or appear to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused occasioned by any alleged action or wrong actionable negligence of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable the Executive Appointee shall use immediately notify the Board of the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to the Board all reasonable endeavours particulars the Board may reasonably require and shall (if so required by the Board) refund to recover the Company such part of any damages for recovered relating to loss of earnings over for the period for which salary has been of absence by reason of Incapacity or will sickness as the Board may reasonably determine, provided that:
(a) the amount to be paid to him under clause 12.4 and refunded shall account to not exceed either the Company for any such amount of the damages or compensation recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Appointee less any costs borne by him in achieving connection with such recovery. The Executive recovery or the total remuneration paid to the Appointee by way of salary in respect of the period of the Incapacity;
(b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration shall keep be deemed to be made after recovery in respect of any other head of claim.
10.5 At any time during the Term, the Appointee shall at the request and expense of the Company informed of permit himself to be examined by a registered medical practitioner to be selected by the commencement, progress Company and outcome shall authorise such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such claimexamination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or prevent the Appointee (if during a period of Incapacity or sickness) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any time.
Appears in 1 contract
Incapacity. 12.1 13.1 If the Executive is absent shall be prevented by illness (including mental disorder) injury or other incapacity from work due properly performing his duties hereunder he shall report this fact forthwith to sickness or injury he must notify the Chairman or Human Resources Director as early as possible on the first day of absence.
12.2 If Chief Executive and if the Executive is incapable so prevented for seven or more consecutive days he shall provide a medical practitioner’s statement on the eighth day and weekly thereafter so that the whole period of working incapacity is certified by such statements. Immediately following his return to work after a period of absence due to sickness or injury he must provide incapacity the Human Resources Department with Executive shall complete a completed LIFFE sickness self-certification form immediately upon return to workavailable from the Company Secretary’s office detailing the reason for his absence.
12.3 13.2 If the ExecutiveExecutive shall be absent from his duties hereunder due to illness (including mental disorder) injury or other incapacity duly certified in accordance with the provisions of clause 13.1 hereof, he shall be paid his full remuneration hereunder for up to 180 working days’ absence in any period of 12 consecutive months and thereafter such remuneration, if any, as the Board shall from time to time determine provided that all such remuneration shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) may be deducted therefrom.
13.3 For Statutory Sick Pay purposes the executive’s incapacity continues for more than seven calendar qualifying days he must obtain a certificate or certificates from shall be his normal working days.
13.4 At any time during the period of this employment the Executive shall at the request and expense of the Company permit himself to be examined by a registered medical practitioner (if in the Company’s reasonable opinion any such examination is necessary or hospitalappropriate), such medical practitioner to be selected by the Company. The Executive authorises such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such examination (“the Results”) for so long as and any matters which arise from it in order that the Company’s medical adviser can notify the Company of any matters which, in his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of opinion, might hinder or prevent the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for (if during a period of eight weeks incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of absence per annum through sickness, to augment SSP his appointment at any time. Subject to the level provisions of his current remuneration. Further payment beyond this period is at the discretion law or professional conduct prohibiting disclosures of the Company. Thereafter Results to the Executive, the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencementResults.
13.5 The Company may terminate the Executive’s employment on the grounds of incapacity, progress and outcome of such claimas set out in clause 16 hereof.
Appears in 1 contract
Samples: Employment Agreement (Walgreens Boots Alliance, Inc.)
Incapacity. 12.1 11.1 If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director Board of the reason for the absence as early soon as possible but no later than 10am on the first day of absence.
12.2 If 11.2 The Employee shall certify his absence in accordance with the Executive is incapable of working due Company sickness policy from time to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to worktime.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded 11.3 Subject to the Human Resources Director,Employee’s compliance with this agreement and the Company sickness policy (as amended from time to time), the Employee shall receive sick pay in accordance with the Company sickness policy, which may be amended from time to time. The Employee’s qualifying days for SSP purposes are Monday to Friday.
12.4 In 11.4 Pension contributions will continue as normal while the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he Employee is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is paid at the discretion of the Company. Thereafter the Executive shall be entitled full rate in accordance with Clause 11.3.
11.5 The Employee agrees to such benefits, if any, as are payable under consent to medical examinations (at the Company’s permanent health insurance schemeexpense) by a doctor nominated by the Company should the Company so require.
12.5 11.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive Employee shall use immediately notify the Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, co-operate in any related legal proceedings and refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencementperiod of Incapacity.
11.7 The rights of the Company to terminate the Appointment under the terms of this agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, progress and outcome of such claimpermanent health insurance or other benefits.
Appears in 1 contract
Samples: Employment Contract (Pacific Green Technologies Inc.)
Incapacity. 12.1 If the Executive is absent from work due to sickness Incapacity, he (or injury he must a person on his behalf) shall notify the Chairman or Human Resources Director Board of Directors of the reason for the absence as early soon as possible but no later than 10:00 a.m. on the first day of absence.
12.2 If the Executive is incapable of working due . Subject to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain compliance with this agreement and the Company’s “Medical Sick Leave Policy” and “Extended Medical Leave Policy” Executive shall be entitled to receive his full Base Salary during any periods of sickness absence up to a certificate or certificates from a registered medical practitioner maximum of two weeks in any 52-week period. This does not affect any entitlement Executive may have to receive Statutory Sick Pay (or hospital“SSP”) for the same periods of sickness absence, although any sick pay Executive receives from the Company shall be inclusive of any SSP due to him. Executive’s qualifying days for SSP purposes are Monday to Friday. Executive agrees to consent to medical examinations (at the Company’s expense) by a doctor nominated by the Company at any time should we so long as his incapacity for work continuesrequire. This must If the Incapacity is or appears to be forwarded occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, Executive shall immediately notify the Board of Directors of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board of Directors may reasonably require. Executive shall if required by the Board of Directors, co-operate in any related legal proceedings and refund to the Human Resources Director,
12.4 In Company that part of any damages or compensation recovered by Executive relating to the event loss of earnings for the period of the Incapacity, as the Board of Directors may reasonably determine, less any costs borne by Executive being prevented in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to Executive by a medically certified illness or injury from performing his duties, the Company in respect of the period of Incapacity. The Company’s rights to terminate this employment of Executive under the terms of this employment he is entitled agreement apply even when such termination would or might cause Executive to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, forfeit any entitlement to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such sick pay or other benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Samples: Executive Employment Agreement (Vaalco Energy Inc /De/)
Incapacity. 12.1 14.1 The Executive shall be entitled during any period of Incapacity to receive sick pay from the Company, which (including Statutory Sick Pay) will be equivalent in the aggregate in any period of 12 months to (a) the Executive's basic pay for up to 12 weeks’ absence; (b) following such 12-week period, 50% of her basic salary for up to 12 additional weeks’; and (c) thereafter such remuneration (if any) as the Board in its sole discretion allows. Any such entitlement is conditional on the Executive having followed the Company's sickness absence procedures as set out in the Staff Handbook.
14.2 The Executive agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor to the extent relevant to the Executive's employment or the performance of her duties.
14.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Executive is absent from work due to sickness or injury he must shall immediately notify the Chairman Board of that fact and of any claim, compromise, settlement or Human Resources Director judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Executive shall if required by the Company, refund to the Company that part of any damages or compensation recovered by her relating to the loss of earnings for the period of the Incapacity as early as possible on the first day Board may reasonably determine less any costs borne by her in connection with the recovery of absencesuch damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacity.
12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event 14.4 The rights of the Executive being prevented by a medically certified illness or injury from performing his duties, Company to terminate the Appointment under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay or other benefits. However, this provision shall be entitled have no impact on the Executive’s statutory rights or any contracted right to such benefits, if any, as are payable under the Company’s permanent health insurance schemenotice of termination pursuant to clause 2.1 of this agreement.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Samples: Executive Service Agreement (Providence Service Corp)
Incapacity. 12.1 13.1 If the Executive Appointee is absent from work due to sickness or injury ill health, he must notify inform the Chairman or Human Resources Director Company as early soon as possible on the first day of absence.
12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with and complete a completed LIFFE sickness Company self-certification form immediately upon return for all absences from work up to workseven calendar days. For absences over seven days one or more medical certificates must be obtained from the doctor to cover the duration of the absence and sent to the Company.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded 13.2 Subject to the Human Resources Director,
12.4 In Company’s right to terminate this Agreement, the event Company shall pay the Appointee full salary for a maximum of 26 weeks (whether or not consecutive) of incapacity in any period of 12 months subject to his complying with the Executive being prevented by a medically certified illness or injury sickness reporting and evidencing obligations detailed in this clause. The Company may deduct from performing his duties, under the terms Appointee’s salary the amount of this employment any state sickness benefit he is entitled to receive:claim.
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP 13.3 Any remuneration paid to the level Appointee under clause 13.2 will be deemed to include statutory sick pay under the Social Security Contributions Benefits Xxx 0000. For statutory sick pay purposes, the Appointee’s qualifying days shall be Monday to Friday inclusive.
13.4 The Appointee agrees to have a medical examination and tests, at any time if requested to do so by the Board and by a doctor of the Board’s choice in which case the charges will be met by the Company on the basis that it is for the purpose of his current remunerationongoing employment only. Further payment beyond this period is at The Appointee will authorise the discretion doctor(s) responsible for such medical examination to disclose and discuss with the Company and/or its medical advisers the results subject to the provisions of the CompanyAccess to Medical Reports Act 1988 (if applicable). Thereafter He will also authorise his own doctor to disclose and discuss with the Executive Company and/or its medical advisers any information about his health or medical record having an actual or potential bearing upon his ability to perform his duties under this Agreement.
13.5 If any illness or incapacity resulting in absence of the Appointee shall be entitled or appear to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by the act, omission or default of any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof of which damages are or may be recoverable then the Executive Appointee shall use all reasonable endeavours to recover damages for loss notify the Company of earnings over the period for which salary has been any claim settlement or will be paid to him under clause 12.4 judgment made or awarded in connection with it and shall account give full particulars of it to the Company for any and shall if the Company so requires refund to the Company such damages recovered (in an sum as the Company may determine provided it shall not exceed the amount not exceeding the actual salary of such award and sums paid or payable to him by the Company under clause 12.4 in respect during the period of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claimabsence.
Appears in 1 contract
Samples: Service Agreement (WPP Group PLC)
Incapacity. 12.1 10.1 If the Executive is absent from his duties as a result of illness or injury he will notify the CEO of the Company as soon as possible and complete any self-certification forms which are required by the Company. If the incapacity continues for a period of seven days or more he will produce to the Company a medical certificate to cover the duration of such absence.
10.2 Subject to the rest of clause 10 and to clauses 13.1.1 and 13.1.2 and subject to the receipt of the appropriate certificates in accordance with clause 10.1, if the Executive is absent from his duties as a result of illness or injury he will be entitled to payment of his basic salary at the full rate and enjoy his benefits hereunder in respect of such illness or injury for a period (in total) of up to 90 days in any period of 12 months (whether the absence is intermittent or continuous).
10.3 If the Executive is absent from work due because of any injury or condition (physical or mental and whether or not sustained in the course of his duties) caused wholly or partly by any act or omission of any third party (other than the Company or any Group Company) and recovers damages or compensation from such party, the Executive will repay immediately to sickness the Company a sum equivalent to the amount (if any) of any such damages or injury he must notify compensation which relates to any lost salary or benefits in respect of any period of absence during which the Chairman or Human Resources Director as early as possible on Executive received salary from the first day of absenceCompany pursuant to clause 10.2.
12.2 10.4 If the Executive has been absent from work because of any injury or condition (physical or mental) caused wholly or partly by the Company or any Group Company or any person for whom the Company or any Group Company is incapable vicariously liable and for which the Executive may be or become entitled to recover damages or compensation, any such damages or compensation payable which relates to lost salary or benefits will be reduced by the amount of working due any salary (including Statutory Sick Pay) paid to sickness him and by the pension received or injury he must provide receivable by him in the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to workperiod in respect of which such damages or compensation are calculated.
12.3 If the 10.5 The Executive’s basic salary paid under clause 10.2 will include any Statutory Sick Pay payable and when this is exhausted will be reduced by the amount of any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered).
10.6 Whether or not the Executive is absent by reason of sickness, injury or other incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In Executive will at any time at the event request of the Executive being prevented CEO of the Company agree to have a medical examination performed by a medically certified illness doctor appointed and paid for by the Company and the Executive hereby authorises the CEO of the Company to have unconditional access to any report or injury reports (including copies) produced as a result of any such examination as the CEO of the Company may from performing his duties, under time to time require and entitlements to salary pursuant to clause 10.2 will be conditional on the Executive complying with the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemeclause 10.7.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Incapacity. 12.1 If the Executive is absent from work due to sickness his duties as a result of illness or injury he must will notify the Chairman or Human Resources Director Group Chief Executive as early soon as possible on and complete any self-certification forms which are required by the first day Company. If the incapacity continues for a period of seven days or more he will produce to the Company a medical certificate to cover the duration of such absence.
12.2 If Subject to the rest of clause 12 and to clause 17.1.7 and subject to the receipt of the appropriate certificates in accordance with clause 12.1, if the Executive is incapable absent from his duties as a result of working due to sickness illness or injury he must provide will be entitled to payment of his basic salary at the Human Resources Department with full rate and enjoy his benefits hereunder in respect of such illness or injury for a completed LIFFE period (in total) of up to 28 weeks in any period of 12 months (whether the absence is intermittent or continuous). Thereafter during sickness self-certification form immediately upon return absence the Executive will not be entitled to any further salary or benefits ((other than any medical expenses or permanent health insurance provided by the Company) including without limitation provision of a car) until he has returned to work.
12.3 If the Executive’s incapacity continues for more Executive is absent from work because of any injury or condition (physical or mental and whether or not sustained in the course of his duties) caused wholly or partly by any act or omission of any third party (other than seven calendar days he must obtain a certificate the Company or certificates any Group Company) and recovers damages or compensation from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded such party, the Executive will repay immediately to the Human Resources Director,Company a sum equivalent to the amount (if any) of any such damages or compensation which relates to any period of absence during which the Executive received salary from the Company pursuant to clause 12.2.
12.4 In If the event Executive has been absent from work because of any injury or condition (physical or mental) caused wholly or partly by the Company or any Group Company or any person for whom the Company or any Group Company is vicariously liable and for which the Executive may be or become entitled to recover damages or compensation, any such damages or compensation payable will be reduced by the amount of any salary (including Statutory Sick Pay) paid to him and by the pension received or receivable by him in the period in respect of which such damages or compensation are calculated.
12.5 The Executive's basic salary paid under clause 12.2 will include any Statutory Sick Pay payable and when this is exhausted will be reduced by the amount of any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered).
12.6 Without prejudice to the Company's right to terminate this Agreement pursuant to clause 17.1.1 to 17.1.6 inclusive, the Company agrees not to terminate this Agreement during any period of sickness absence before Company sick pay payable pursuant to clause 12.2 has been exhausted and/or if such termination would prejudice or limit the Executive's rights or prospective rights under the Company's permanent health insurance scheme referred to in clause 10.4.3.
12.7 Whether or not the Executive is absent by reason of sickness, injury or other incapacity the Executive will at the request of the Executive being prevented Board agree to have a medical examination performed by a medically certified illness doctor appointed and paid for by the Company and the Executive hereby authorises the Board to have unconditional access to any report or injury reports (including copies) produced as a result of any such examination as the Board may from performing his duties, under time to time require and entitlements to salary pursuant to clause 12.2 will be conditional on the Executive complying with the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemeclause 12.7.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Incapacity. 12.1 11.1 If the Executive Employee is absent from work due for any reason, the Employee must contact the Employee’s manager and HR to sickness or injury he must notify explain the Chairman or Human Resources Director reason for absence as early soon as possible but no later than 8.00 am on the first day of absence.
12.2 If 11.2 Following absences of 3 or more consecutive days, the Executive is incapable of working due Employee agrees to sickness or injury he must provide comply with the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return Employee’s duties under the Company’s Sickness Absence Policy as amended from time to worktime.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded 11.3 Subject to the Human Resources Director,
12.4 In Employee’s compliance with the event of Company’s sickness absence procedures (as amended from time to time), if absent from work the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Company shall pay Statutory Sick Pay; and
bPay (“SSP”) payment from provided that the CompanyEmployee satisfies the relevant eligibility requirements. The Employee’s qualifying days for SSP purposes are Monday to Friday. As set out in the Staff Handbook, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is in certain circumstances and at the discretion of the Company, Occupational Sick Pay may be paid in lieu of SSP. Thereafter For the Executive avoidance of doubt, these payments shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance schemeinclusive of any SSP due.
12.5 11.4 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive Employee shall use immediately notify HR of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Company may reasonably require. The Employee shall if required by the Company refund to recover the Company that part of any damages for or compensation recovered by the Employee relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to of the Incapacity as the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) may reasonably determine less any costs borne by him the Employee in achieving connection with the recovery of such recovery. The Executive damages or compensation, provided that the amount to be refunded shall keep not exceed the total amount paid to the Employee by the Company informed in respect of the commencementperiod of Incapacity.
11.5 The Company may terminate the Appointment by giving the notice specified in clause 2.1 or under clause 15 even when, progress and outcome as a result of such claimTermination, the Employee would or might forfeit any entitlement to benefit from sick pay under this clause 11.
Appears in 1 contract
Samples: Employment Agreement (WisdomTree Investments, Inc.)
Incapacity. 12.1 16.1 If the Executive is absent from work due to sickness or injury he must Incapacity, the Executive shall notify the Chairman or Human Resources Director Company of the reason for the absence as early soon as possible on the first day of absence.
12.2 If 16.2 Immediately following the Executive's return to work after a period of absence due to Incapacity of seven days or less the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with complete a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for form. For periods of absence of more than seven calendar consecutive days he the Executive must obtain produce a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded doctor's fit note verifying that the absence is due to Incapacity.
16.3 Subject to complying with the Company’s absence requirements above and to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms remaining provisions of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the CompanyClause 16, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to receive full Basic Salary and contractual benefits during any periods of absence due to Incapacity up to a maximum of 12 weeks in aggregate in any rolling 52-week period. Any such benefits, if any, as payments shall be inclusive of any statutory sick pay. The Executive's qualifying days for statutory sick pay purposes are payable under Monday to Friday.
16.4 The Executive agrees to consent to medical examinations (at the Company’s permanent health insurance scheme's expense) by a doctor or clinic nominated by the Company should the Company so require. The Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor.
12.5 16.5 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and in respect of which damages are or may be recoverable, the Executive shall decide immediately notify the Company of that fact and of any claim, settlement or judgment made or awarded in connection with it and provide all relevant particulars that the Company may reasonably require. The Executive shall, if required by the Company, co-operate in any related legal proceedings and refund to claim the Company that part of any damages in respect thereof then or compensation recovered by the Executive shall use all reasonable endeavours relating to recover damages for the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to of the Incapacity as the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) may reasonably determine less any costs borne by him the Executive in achieving connection with the recovery of such recovery. The Executive shall keep damages or compensation, provided that the amount to be refunded to the Company informed shall not exceed the total amount paid to the Executive by the Company in respect of the commencement, progress period of Incapacity.
16.6 The Company is entitled to terminate the Executive's employment under the terms of this agreement notwithstanding that any such termination would or might cause the Executive to forfeit any entitlement to sick pay or other benefits.
16.7 The payment of the Executive's Basic Salary and outcome other contractual benefits during absence due to Incapacity is conditional on:
(a) notice not having been served by either party;
(b) the Executive not being the subject of such claima disciplinary investigation which could result in the Executive's dismissal for gross misconduct; and
(c) the Executive not being under a performance improvement plan.
Appears in 1 contract
Samples: Service Agreement (Akanda Corp.)
Incapacity. 12.1 If 1. Subject to the Executive is absent Employee's compliance with this Agreement and the Company's sickness absence procedures (as amended from work time to time), the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to sickness Incapacity for up to an aggregate of 12 weeks in any 52-week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation.
2. With respect to any medical condition or injury he must notify suspected medical condition that the Chairman Board believes has, or Human Resources Director as early as possible will have, an impact on the first day of absence.
12.2 If Employee's ability to perform his duties hereunder, the Executive is incapable of working due Employee agrees to sickness or injury he must provide consent to medical examinations (at the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospitalCompany's expense) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of doctor nominated by the Company. Thereafter The Employee agrees that any report produced in connection with any such examination may be disclosed to relevant personnel within the Executive Company who shall be entitled to such benefits, if any, treat it as are payable under extremely confidential and not discuss it with anyone outside the Company’s permanent health insurance schemeCompany save that the Company may discuss the contents of the report with the relevant doctor and any relevant legal advisor.
12.5 3. If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive Employee shall use immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recoverydamages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity.
4. The Executive shall keep rights of the Company informed to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the commencementEmployee to forfeit any entitlement to sick pay, progress and outcome of such claimpermanent health insurance or other benefits.
Appears in 1 contract
Samples: Employment Agreement (Ensco PLC)
Incapacity. 12.1 13.1 If the Executive Employee is absent from work due to Incapacity, the Employee shall notify his Manager and the Human Resource department of the reason for the absence as soon as possible.
13.2 Subject to the Employee's compliance with this agreement and the Company sickness policy (as amended from time to time), the Employee shall receive sick pay in accordance with the Company sickness policy, which may be amended from time to time. The Employee's qualifying days for Statutory Sick Pay purposes are Monday to Friday.
13.3 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require and the Employee will be expected to authorise the Company to have access to any report or injury he must reports (including copies) produced as a result of any such examination as the Company may from time to time require to enable it to assess his ability to work and any reasonable adjustments it may be obliged or willing to consider.
13.4 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Chairman Board of that fact and of any claim, settlement or Human Resources Director judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Company, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by the Employee relating to the loss of earnings for the period of the Incapacity as early as possible on the first day Board may reasonably determine less any costs borne by the Employee in connection with the recovery of absencesuch damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity.
12.2 If the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event 13.5 The rights of the Executive being prevented by a medically certified illness or injury from performing his duties, Company to terminate the Appointment under the terms of this employment he is entitled agreement apply even when such termination would or might cause the Employee to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, forfeit any entitlement to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such sick pay or other benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Samples: Employment Contract
Incapacity. 12.1 If the Executive is you are absent from work due to sickness or injury he must Incapacity, you shall notify the Chairman or Human Resources Director Board of the reason for the absence as early soon as possible but no later than 9:00am on the first day of absence.
12.2 If the Executive is incapable of working due to You shall certify your absence in accordance with our sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to workpolicy.
12.3 Subject to your compliance with this agreement, you shall be entitled to receive your full salary during any periods of sickness absence up to a maximum of 3 months, in any 52-week period. This does not affect any entitlement you may have to receive Statutory Sick Pay (SSP) for the same periods of sickness absence, although any sick pay you receive from the Company shall be inclusive of any SSP due to you. Your qualifying days for SSP purposes are Monday to Friday.
12.4 You agree to consent to medical examinations (at our expense) by a doctor nominated by us should we so require.
12.5 If the Executive’s incapacity continues for more than seven calendar days he must obtain Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a certificate third party in respect of which damages are or certificates from a registered medical practitioner (may be recoverable, you shall immediately notify the Board of that fact and of any claim, settlement or hospital) for so long as his incapacity for work continuesjudgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. This must be forwarded You shall if required by the Board, co-operate in any related legal proceedings and refund to us that part of any damages or compensation recovered by you relating to the Human Resources Director,
12.4 In loss of earnings for the event period of the Executive being prevented Incapacity as the Board may reasonably determine less any costs borne by a medically certified illness you in connection with the recovery of such damages or injury from performing his dutiescompensation, provided that the amount to be refunded shall not exceed the total amount paid to you by us in respect of the period of Incapacity.
12.6 Our rights to terminate the Appointment under the terms of this employment he is entitled agreement apply even when such termination would or might cause you to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Companyforfeit any entitlement to sick pay, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such or other benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim.
Appears in 1 contract
Samples: Employment Contract (SmartKem, Inc.)
Incapacity. 12.1 17.1 If the Executive is absent from work due to sickness or injury he must Incapacity, the Executive shall notify the Chairman or Human Resources Director Company of the reason for the absence as early soon as possible on the first day of absence.
12.2 If 17.2 Immediately following the Executive's return to work after a period of absence due to Incapacity of seven days or less the Executive is incapable of working due to sickness or injury he must provide the Human Resources Department with complete a completed LIFFE sickness self-certification form immediately upon return to work.
12.3 If the Executive’s incapacity continues for form. For periods of absence of more than seven calendar consecutive days he the Executive must obtain produce a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded doctor's fit note verifying that the absence is due to Incapacity.
17.3 Subject to complying with the Company’s absence requirements above and to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms remaining provisions of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the CompanyClause 17, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to receive full Basic Salary and contractual benefits during any periods of absence due to Incapacity up to a maximum of 12 weeks in aggregate in any rolling 52-week period. Any such benefits, if any, as payments shall be inclusive of any statutory sick pay. The Executive's qualifying days for statutory sick pay purposes are payable under Monday to Friday.
17.4 The Executive agrees to consent to medical examinations (at the Company’s permanent health insurance scheme's expense) by a doctor or clinic nominated by the Company should the Company so require. The Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor.
12.5 17.5 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and in respect of which damages are or may be recoverable, the Executive shall decide immediately notify the Company of that fact and of any claim, settlement or judgment made or awarded in connection with it and provide all relevant particulars that the Company may reasonably require. The Executive shall, if required by the Company, co-operate in any related legal proceedings and refund to claim the Company that part of any damages in respect thereof then or compensation recovered by the Executive shall use all reasonable endeavours relating to recover damages for the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to of the Incapacity as the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) may reasonably determine less any costs borne by him the Executive in achieving connection with the recovery of such recovery. The Executive shall keep damages or compensation, provided that the amount to be refunded to the Company informed shall not exceed the total amount paid to the Executive by the Company in respect of the commencement, progress period of Incapacity.
17.6 The Company is entitled to terminate the Executive's employment under the terms of this agreement notwithstanding that any such termination would or might cause the Executive to forfeit any entitlement to sick pay or other benefits.
17.7 The payment of the Executive's Basic Salary and outcome other contractual benefits during absence due to Incapacity is conditional on:
(a) notice not having been served by either party;
(b) the Executive not being the subject of such claima disciplinary investigation which could result in the Executive's dismissal for gross misconduct; and
(c) the Executive not being under a performance improvement plan.
Appears in 1 contract
Samples: Service Agreement (Akanda Corp.)
Incapacity. 12.1 11.1. If the Executive is absent from work due to sickness or injury for any reason, he must notify the Chairman or Human Resources Director as early as possible on Company of the reason for absence in accordance with the sickness absence procedure in the Employee Handbook.
11.2. The Executive agrees to consent to a medical examination (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor.
11.3. Subject to the Executive complying with the Company's notification and certification procedures above the Executive will be entitled to receive his full salary (inclusive of any SSP due) for the first day thirteen (13) weeks of absenceabsence in any 12-month period.
12.2 If 11.4. Should the Executive remain absent after the expiry of the thirteen week period referred to above his entitlement will be to statutory sick pay only unless the Company, in its absolute discretion, decides to extend the continuation of the Executive's full salary or part thereof. The Company is not, however, under any obligation to make any payment of salary in these circumstances.
11.5. The Company reserves the right to withhold sick pay if the Executive is incapable of working due certified as fit to sickness or injury he must provide work by the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to workCompany's doctor.
12.3 11.6. For statutory sick pay purposes qualifying days shall be the Executive's normal working days.
11.7. If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate Incapacity is or certificates from a registered medical practitioner (appears to be occasioned by actionable negligence, nuisance or hospital) for so long as his incapacity for work continues. This must be forwarded to breach of any statutory duty on the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme.
12.5 If any incapacity of the Executive shall be caused by any alleged action or wrong part of a third party and in respect of which damages are or may be recoverable, the Executive shall decide to claim damages immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in respect thereof then connection with it and all relevant particulars that the Board may reasonably require. The Executive shall use all reasonable endeavours if required by the Board, refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recoverydamages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacity. On and from the date that either the Executive or the Company has given notice to terminate this Agreement in accordance with clause 17, the Executive will not be entitled to any contractual payment of salary for any period of sickness absence within the last calendar month of the notice period and will only be entitled to payment of statutory sick pay. The Executive shall keep provisions of this clause 11.7 apply irrespective of whether he has complied with the Company informed of the commencement, progress Company’s notification and outcome of such claimcertification procedures and general terms relating to sickness absence.
Appears in 1 contract
Incapacity. 12.1 11.1. If the Executive Employee is absent from work due to sickness or injury he must Incapacity, the Employee shall notify the Chairman or Human Resources Director Board of the reason for the absence as early soon as possible but no later than 10am on the first day of absence.
12.2 If 11.2. The Employee shall certify his absence in accordance with the Executive is incapable of working due Company sickness policy from time to sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to worktime.
12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical practitioner (or hospital) for so long as his incapacity for work continues11.3. This must be forwarded Subject to the Human Resources Director,Employee’s compliance with this agreement and the Company sickness policy (as amended from time to time), the Employee shall receive sick pay in accordance with the Company sickness policy, which may be amended from time to time. The Employee’s qualifying days for SSP purposes are Monday to Friday.
12.4 In 11.4. Pension contributions will continue as normal while the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he Employee is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is paid at the discretion of the Companyfull rate in accordance with Clause 11.3.
11.5. Thereafter the Executive shall be entitled The Employee agrees to such benefits, if any, as are payable under consent to medical examinations (at the Company’s permanent health insurance schemeexpense) by a doctor nominated by the Company should the Company so require.
12.5 11.6. If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any incapacity of statutory duty on the Executive shall be caused by any alleged action or wrong part of a third party and the Executive shall decide to claim damages in respect thereof then of which damages are or may be recoverable, the Executive Employee shall use immediately notify the Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all reasonable endeavours relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, co-operate in any related legal proceedings and refund to recover the Company that part of any damages for or compensation recovered by him relating to the loss of earnings over for the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) Incapacity as the Board may reasonably determine less any costs borne by him in achieving connection with the recovery of such recoverydamages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity.
11.7. The Executive shall keep rights of the Company informed to terminate the Appointment under the terms of this agreement apply even when such termination would or might cause the commencementEmployee to forfeit any entitlement to sick pay, progress and outcome of such claimpermanent health insurance or other benefits.
Appears in 1 contract
Samples: Employment Contract (Pacific Green Technologies Inc.)
Incapacity. 12.1 11.1 If the Executive is absent from his duties as a result of illness or injury he will notify the Company President as soon as possible and complete any self‑certification forms which are required by the Company. If the incapacity continues for a period of seven days or more he will produce to the Company a medical certificate to cover the duration of such absence.
11.2 Subject to the rest of clause 11 and to 17.1.7 and subject to the receipt of the appropriate certificates in accordance with clause 11.1, if the Executive is absent from his duties as a result of illness or injury he will be entitled to payment of his basic salary at the full rate and enjoy his benefits hereunder in respect of such illness or injury for a period (in total) of up to 26 weeks in any period of 12 months (whether the absence is intermittent or continuous). Thereafter during sickness absence the Executive will not be entitled to any further salary or benefits (other than any medical expenses or permanent health insurance provided by the Company) including without limitation provision of a car until he has returned to work and completed three months’ continuous service with no absences from work other than agreed holidays.
11.3 If the Executive is absent from work due because of any injury or condition (physical or mental and whether or not sustained in the course of his duties) caused wholly or partly by any act or omission of any third party (other than the Company or any Group Company) and recovers damages or compensation from such party, the Executive will repay immediately to sickness the Company a sum equivalent to the amount (if any) of any such damages or injury he must notify compensation which relates to any period of absence during which the Chairman or Human Resources Director as early as possible on Executive received salary from the first day of absenceCompany pursuant to clause 11.2.
12.2 11.4 If the Executive has been absent from work because of any injury or condition (physical or mental) caused wholly or partly by the Company or any Group Company or any person for whom the Company or any Group Company is incapable vicariously liable and for which the Executive may be or become entitled to recover damages or compensation, any such damages or compensation payable will be reduced by the amount of working due any salary (including Statutory Sick Pay) paid to sickness him and by the pension received or injury he must provide receivable by him in the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to workperiod in respect of which such damages or compensation are calculated.
12.3 If 11.5 The Executive’s basic salary paid under clause 11.2 will include any Statutory Sick Pay payable and when this is exhausted will be reduced by the amount of any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered).
11.6 The provisions of this clause and any right or prospective right the Executive has or may have to receive any benefits under the Company’s permanent health insurance scheme referred to in clause 9.2.2 will not prejudice or limit in any way the Company’s right to terminate this Agreement pursuant to its terms. In particular but without limitation the Company may terminate the Executive’s incapacity continues employment pursuant to clauses 3.2 or 3.3 for more than seven calendar days he must obtain a certificate any reason and to clause 17.1 on the grounds set out in that clause even if such termination would prejudice or certificates from a registered medical practitioner (limit the Executive’s rights or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director,
12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive:
a) eligible Statutory Sick Pay; and
b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the discretion of the Company. Thereafter the Executive shall be entitled to such benefits, if any, as are payable prospective rights under the Company’s permanent health insurance scheme. The Company may terminate this Agreement pursuant to clause 17.1.1 to 17.1.8 inclusive even if at the time of such termination Company sick pay payable pursuant to clause 11.2 has not been exhausted.
12.5 If any 11.7 Whether or not the Executive is absent by reason of sickness, injury or other incapacity the Executive will at the request of the Executive shall be caused Company agree to have a medical examination performed by any alleged action or wrong of a third party doctor appointed and paid for by the Company and the Executive shall decide hereby authorises the Company to claim damages in respect thereof then have unconditional access to any report or reports (including copies) produced as a result of any such examination as the Company may from time to time require and entitlements to salary pursuant to clause 11.2 will be conditional on the Executive shall use all reasonable endeavours to recover damages for loss complying with the terms of earnings over the period for which salary has been or will be paid to him under this clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of the said period) less any costs borne by him in achieving such recovery. The Executive shall keep the Company informed of the commencement, progress and outcome of such claim11.7.
Appears in 1 contract
Samples: Service Agreement (Gap Inc)