Involuntary Redundancy where the employee has not accepted an offer of voluntary redundancy and is unable to be redeployed;
Involuntary Redundancy. (a) We will not involuntarily terminate you without consideration of job-swaps, re-training and re-deployment opportunities.
(b) Where we propose to involuntarily terminate you, you will be advised with notice of no less than three (3) months before the effective date.
(c) Except with your consent, we will not involuntarily terminate you until we have determined that:
i. there are no suitable opportunities for your re-deployment at your level and location, including positions remaining associated with your former function, or by reasonable reduction in classification;
ii. there are no prospects for re-training you for alternative employment in Airservices; and
iii. there are no positions for which you are suitable at your level and location, the occupants of which have volunteered to be terminated.
(d) In order to enhance your employment prospects outside Airservices the following support may be provided with our approval in involuntary redundancy situations:
i. leave for retraining purposes, where you demonstrate the proposed training will enhance your potential to undertake an alternative career. This leave would be regarded as study leave (refer Clause 4.1.4), subject to operational requirements;
ii. reimbursement of compulsory tuition fees and HECS charges incurred during the academic year in which termination took effect, on production of evidence of successful completion of a course of study that was commenced before termination. This is subject to you demonstrating that the study will enhance your potential to undertake an alternative career.
(e) Retraining may also include the undertaking of a short course to provide new skills or update existing ones.
Involuntary Redundancy. Continuing employees (as def ined in the Electricity Network Assets (Authorised Transactions) Act 2015 (NSW) who are covered by the employment guarantees will not be made involuntarily redundant prior to 30 June 2020. In circumstances where the steps set out above have been exhausted and there is still a surplus of positions, TransGrid will make all reasonable ef forts to avoid involuntary redundancies, however where the voluntary redundancy process cannot meet TransGrid’s requirements, TransGrid will commence an involuntary redundancy process. Consultation will be in accordance with cClause 5 – Consultative Mechanism. The selection process will f ocus on relevant perf ormance along with objective job related competencies based on knowledge, qualif ications, experience and skills, with the aim of retaining the most appropriate employees f or the business. Redundant employees will be provided with a statement detailing their service period with TransGrid, the employee’s classification and comment stating the termination was caused by redundancy. A separation certif icate will also be provided to the employee. Employees who accept Voluntary Redundancy or whose position is made involuntarily redundant are eligible f or the f ollowing payments (inclusive of any entitlement under the Fair Work Act 2009):
a) f our weeks’ notice or payment in lieu; and
b) an additional one week's notice or pay in lieu f or employees aged 45 years and over with 5 or more years of completed service; and
c) severance pay at the rate of 4 weeks’ pay per year of continuous service 8 / TransGrid Employees Agreement 2016TransGrid EmployeesEnterprise Agreement 2020
d) with a maximum of 52 weeks’ pay, with pro-rata payments f or incomplete years of service to be on a quarterly basis; and
e) the benef it allowable as a contributor to a retirement f und; and
f) For employees who accept Voluntary Redundancy within 2 weeks of the written of fer in clause 9.39.4 being made and terminate their employment within the time nominated by TransGrid; they will receive the additional pay outlined below: o less than 1 year of service; 2 week's pay
o 1 year and less than 2 years’ service; 4 weeks’ pay
o 2 years’ and less than 3 years’ service; 6 weeks’ pay
g) Where an employee has been given notice of termination due to redundancy as a consequence of this clause:
Involuntary Redundancy. An employee will not have their employment terminated involuntarily if they have not been invited to elect for voluntary redundancy or if their election to be made redundant voluntarily has been refused. If an employee does not elect for voluntary redundancy, the employee will not be terminated under Section 29 of the Public Service Act 1999 without a retention period of seven or 13 months as described in Clause 79. Retention Period A retention period of 13 months where an employee has 20 or more years of service or is over 45 years of age, or seven months for other employees, commences on the day after the expiration of the consideration period in relation to voluntary redundancy. Where there is insufficient productive work available for an employee and there is no realistic expectation of redeployment during the retention period, the Chief Executive may, with the agreement of the employee, terminate their employment before the end of the retention period and pay the balance of the retention period to the employee as a lump sum, comprising: the balance of the retention period (as shortened for the National Employment Standards under Clause 79.6) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s National Employment Standards entitlement to redundancy pay. During the retention period the Chief Executive may; assist the employee to find alternative employment; and on request provide assistance to the employee on meeting reasonable travel costs and incidental expenses incurred while seeking alternative employment provide the employee with appropriate support including training to assist in locating and securing employment and career counselling after giving four weeks’ notice to the employee, reduce their classification as a means of securing alternative employment. If this occurs prior to the end of the retention period, the employee will continue to be paid at their previous level for the balance of the retention period. The retention period will not normally be extended by any periods of paid or unpaid leave. The Chief Executive will extend a retention period by up to two months where medical evidence indicates the employee is substantially incapacitated and is considered to be unfit for work by a medical practitioner nominated by the MDBA. Only in exceptional circumstances would the retention period be extended beyond an additional two months. An employee will be given four weeks’ not...
Involuntary Redundancy. Where an employee is not a volunteer for redundancy as provided for by Clause 4 – Voluntary Redundancy above and the employer terminates the employment of an employee for reason of redundancy the following benefits will apply:
Involuntary Redundancy. 31.11.1 In addition to the period of notice outlined in Clause 31.9, those employees who this Clause applies to shall be entitled to three (3) weeks ordinary pay for each complete year of continuous service in respect of severance/redundancy pay. A minimum of 13 weeks’ pay, with a maximum payment not exceeding 12 months’ pay will be applied.
Involuntary Redundancy. Where an employee is identified as being surplus to Council’s needs and under the circumstances as described elsewhere in this clause, the employee’s services shall be terminated through an involuntary redundancy. Council shall be exempt from the operation of this subclause where the employee has been offered, but has refused to accept, an established permanent position within Council’s organisational structure of comparable skill and accountability levels and remuneration no less than the position previously held by the employee.
Involuntary Redundancy. At any time after the end of 2 months from the start of the Consultation Process, (or earlier, where the employee agrees) or at the end of the support period if the employee has not been redeployed to another position within ASIC, or their employment with ASIC has not already ceased, ASIC may terminate the employment of the excess employee involuntarily under clause 18 of this Agreement . The employee will be paid their salary for the balance of the support period from the date of the Excess Employee Declaration, broken down as follows:
Involuntary Redundancy. 209.1 An excess employee, who has previously been invited to accept voluntary redundancy but has declined, may have their employment involuntarily terminated.
Involuntary Redundancy. 5.1 Where an employee is not a volunteer for redundancy as provided for by Clause 4 – Voluntary Redundancy above and the employer terminates the employment of an employee for reason of redundancy the following benefits will apply:
5.1.1 The greater of the period of notice prescribed by section 119 of the Act 2009 or the contract of employment of the employee plus;
5.1.2 If the employee is over 45 years of age 12 months notice of termination; or