Leave Allowed Before Due Date. (a) The Company may allow an Employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the Employee subsequently leaves or is discharged from the service of the Company before completing the required 12 months continuous service and the amount paid by the Company to the Employee for the annual leave or part so taken in advance exceeds the amount which the Company is required to pay to the Employee under subclause 27.1.11 the Company will not be liable to make any payment to the Employee under subclause 27.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the Employee upon the termination of employment.
Appears in 2 contracts
Samples: Tad Industrial (Smorgon Steel Laverton North) Agreement 2006 – 2009, Tad Industrial (Smorgon Steel Laverton North) Agreement 2006 – 2009
Leave Allowed Before Due Date. (a) 4.1.8.1 The Company employer may allow an Employee employee to take annual leave either wholly or partly in advance before the leave becomes right thereto has accrued due. In such case, case a further period of annual leave will shall not commence to accrue until after the expiration of the 12 twelve months in respect of which the annual leave or part of it thereof had been taken before it accrued.
(b) 4.1.8.2 Where annual leave or part of it thereof has been granted pursuant to 4.1.9.1, before the leave is due, right thereto has accrued due and the Employee employee subsequently leaves or is discharged from the service of the Company employer before completing the required 12 twelve months continuous service in respect of which the leave was granted and the amount paid by the Company employer to the Employee employee for the annual leave or part so taken in advance exceeds the amount which the Company employer is required to pay to the Employee employee under subclause 27.1.11 4.1.8 of this clause, the Company will employer shall not be liable to make any payment to the Employee employee under subclause 27.1.11 4.1.8 of this clause and is shall be entitled to deduct the amount of excess from any remuneration payable to the Employee employee upon the termination of employment.
Appears in 1 contract
Samples: Certified Agreement
Leave Allowed Before Due Date. (a) The Company may allow an Employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued.
(b) Where annual leave or part of it has been granted before the leave is due, and the Employee subsequently leaves or is discharged from the service of the Company before completing the required 12 months continuous service and the amount paid by the Company to the Employee for the annual leave or part so taken in advance exceeds the amount which the Company is required to pay to the Employee under subclause 27.1.11 42.11 the Company will not be liable to make any payment to the Employee under subclause 27.1.11 42.11 and is entitled to deduct the amount of excess from any remuneration payable to the Employee upon the termination of employment.
Appears in 1 contract
Samples: Collective Agreement