Injury by Assault Sample Clauses

Injury by Assault a. Any employee who has suffered assault either directly or while intervening in the assault of students or other staff, and incurred in the course of performing employment duties is required to complete an Employee First Aid Injury/Incident Report form provided by the District and give the form to his/her immediate supervisor as soon as possible. The employee is required to complete a Report of Occupational Injury or Illness form if injured. b. Whenever an employee is temporarily absent from school and temporarily unable to perform his/her duties as a result of an assault either directly or while intervening in the assault of students or other staff, and incurred in the scope and course of employment, the employee will be paid full salary less the amount of any workers' compensation payments or payment made for temporary disability. The District's payments will continue throughout the time the disability exists except not during those periods of time when the employee would not have, in the normal course of his/her position, been in a pay status, and except that the maximum time the aggregate payments shall continue shall not exceed the employee's normal number of average months and days worked in a District fiscal year. Such temporary absence will not be counted against accrued sick leave. Should the disability continue beyond this time the employee may, as determined by the District and consistent with applicable law, be terminated. c. Assault is defined as any willful attempt or threat to inflict injury upon the person of another, when coupled with an apparent present ability to do so, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm. d. To determine the length of time during which an employee is temporarily unable to perform duties and in determining that a disability is attributable to the specific injury involved, the District shall have the right to have an employee examined by a physician of its own designation. In the event there is an adjudication of the period of temporary disability in the appropriate workers' compensation proceedings, the District may adopt such adjudication.
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Related to Injury by Assault

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • Injury 22.01 Where an employee is injured at work during the performance of his duties and responsibilities as a result of which he cannot complete the balance of his shift and has reported such injury to the Company, he shall be sent home and paid for the balance of his shift at his regular straight time hourly rate.

  • INJURY ON DUTY (a) All employees shall be covered by The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall report the matter to the employee’s Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Compensation Commission, the employee may access other available benefits including sick leave and annual leave. (a) In the event that the employee dies as a result of an injury received in the performance of the employee’s duties, the employee’s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the Court shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law. INDEMNIFICATION

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Prevention of Fraud D2.1 The Contractor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent Fraud by Staff and the Contractor (including its shareholders, members, directors) in connection with the receipt of monies from the Authority.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Assault Any case of assault upon a bargaining unit member by a student shall be promptly reported to the Board or its designated representative. The Board shall render all reasonable assistance to the bargaining unit member in connection with handling of the incident by law enforcement and judicial authorities. To the extent permitted by law, a teacher assaulted by a student shall upon request be advised of any disciplinary action taken against the student.

  • Illness or Injury An employee may utilize accrued paid leave when he or she is unable to perform his or her work duties by reason of illness or injury, necessary medical or dental care, exposure to contagious disease under circumstances in which the health of the employees with whom the employee associates or members of the public necessarily dealt with by the employee would be endangered by the attendance of the employee, or by illness in the employee's immediate family.

  • No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions.

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