Common use of Maintenance of Continuous Service Clause in Contracts

Maintenance of Continuous Service. Except as otherwise indicated, service is deemed to be continuous despite: (a) Absence of the employee from work in accordance with the employee's contract of employment or any provision of this Agreement. (b) Absence of the employee from work for any cause by leave of the Employer. (c) Absence from work on account of illness, disease or injury. (d) Absence with reasonable cause. Proof of such reasonable cause lies with the employee. (e) Interruption or termination of the employee's service by an act or omission of the Employer with the intention of avoiding any obligation imposed by this Agreement or the Long Service Leave Act 1987. (f) Interruption or termination of the employee's service arising directly or indirectly from an industrial dispute if the employee returns to the service of the Employer in consequence of the settlement of the dispute. (g) Transfer of the employment of an employee from one Employer to a second Employer where the second Employer is the successor or assignee or transmittee of the first Employer's business. In this case, service with the first Employer is deemed to be service with the second Employer. (h) Interruption or termination of the employee's service by the Employer for any reason other than those referred to in this clause if the worker returns to the service of the Employer within two months of the date on which the service was interrupted or terminated. (i) Any other absence from work for any reason other than those referred to in this clause, unless written notice is given by the Employer that the absence from work is to be taken as breaking the employee's continuity of service. Such notice must be given during the period of absence or no later than 14 days after the end of the period of absence.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Maintenance of Continuous Service. Except as otherwise indicated, service is deemed to be continuous despiteeven if: (a) Absence absence of the employee from work in accordance with the employee's ’s contract of employment or any provision of this Agreement.; (b) Absence absence of the employee from work for any cause by leave at the request of the Employer.employer; (c) Absence absence from work on account of illness, disease or injury.; (d) Absence absence with reasonable cause. Proof of such reasonable cause lies with the employee.; (e) Interruption interruption or termination of the employee's ’s service by an act or omission of the Employer employer with the intention of avoiding any obligation imposed by this Agreement Agreement, the Act or the Long Service Leave Act 1987.1987 (SA); (f) Interruption interruption or termination of the employee's ’s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the Employer employer in consequence of the settlement of the dispute.; (g) Transfer transfer of the employment of an employee from one Employer the employer to a second Employer employer where the second Employer employer is the successor or assignee or transmittee of the first Employer's employer’s business. In this case, service with the first Employer employer is deemed to be service with the second Employer.employer; (h) Interruption interruption or termination of the employee's ’s service by the Employer employer for any reason other than those referred to in this clause if the worker returns to the service of the Employer employer within two months of the date on which the service was interrupted or terminated.; (i) Any any other absence from work for any reason other than those referred to in this clauseClause, unless written notice is given by the Employer employer that the absence from work is to be taken as breaking the employee's ’s continuity of service. Such notice must be given during the period of absence or no later than 14 days after the end of the period of absence.

Appears in 1 contract

Samples: Collective Agreement

Maintenance of Continuous Service. Except as otherwise indicated, service is deemed to be continuous despite: (a) Absence of the employee from work in accordance with the employee's ’s contract of employment or any provision of this Agreement.; (b) Absence of the employee from work for any cause by leave of the Employer.employer; (c) Absence from work on account of illness, disease or injury.; (d) Absence with reasonable cause. Proof of such reasonable cause lies with the employee.; (e) Interruption or termination of the employee's ’s service by an act or omission of the Employer employer with the intention of avoiding any obligation imposed by this Agreement the Act or the Long Service Leave Act 1987.Xxx 0000; (f) Interruption or termination of the employee's ’s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the Employer employer in consequence of the settlement of the dispute.dispute or was re-employed by the employer upon such settlement; (g) Transfer of the employment of an employee from one Employer to a second Employer where the second Employer is the successor or assignee or transmittee of the first Employer's business. In this case, service with the first Employer is deemed to be service with the second Employer. (h) Interruption or termination of the employee's ’s service by the Employer employer for any reason other than those referred to in this clause if the worker returns to the service of the Employer employer within two months of the date on which the service was interrupted or terminated.; (ih) Any other absence from work for any reason other than those referred to in this clause, clause unless written notice is given by the Employer employer that the absence from work is to be taken as breaking the employee's ’s continuity of service. Such notice must be given during the period of absence or no not later than 14 fourteen days after the end of the period of absence.

Appears in 1 contract

Samples: Enterprise Agreement

Maintenance of Continuous Service. Except as otherwise indicated, service is deemed to be continuous despite: (a) Absence of the employee from work in accordance with the employee's ’s contract of employment or any provision of this Agreement.; (b) Absence of the employee from work for any cause by leave of the Employer.employer; (c) Absence from work on account of illness, disease or injury.; (d) Absence with reasonable cause. Proof of such reasonable cause lies with the employee.; (e) Interruption or termination of the employee's ’s service by an act or omission of the Employer employer with the intention of avoiding any obligation imposed by this Agreement the Act or the Long Service Leave Act 1987.; (f) Interruption or termination of the employee's ’s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the Employer employer in consequence of the settlement of the dispute.dispute or was re-employed by the employer upon such settlement; (g) Transfer of the employment of an employee from one Employer employer to a second Employer employer where the second Employer employer is the successor or assignee or transmittee of the first Employer's employer’s business. In this case, service with the first Employer employer is deemed to be service with the second Employer.employer. This is qualified on the basis that the transfer of employment is on the same terms and conditions; (h) Interruption or termination of the employee's ’s service by the Employer employer for any reason other than those referred to in this clause if the worker returns to the service of the Employer employer within two months of the date on which the service was interrupted or terminated.; (i) Any other absence from work for any reason other than those referred to in this clause, clause unless written notice is given by the Employer employer that the absence from work is to be taken as breaking the employee's ’s continuity of service. Such notice must be given during the period of absence or no not later than 14 fourteen days after the end of the period of absence.

Appears in 1 contract

Samples: Enterprise Agreement

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Maintenance of Continuous Service. Except as otherwise indicated, service is deemed to be continuous despite: (a) Absence of the employee from work in accordance with the employee's contract of employment or any provision of this Agreement. (b) Absence of the employee from work for any cause by leave of the Employeremployer. (c) Absence from work on account of illness, disease or injury. (d) Absence with reasonable cause. Proof of such reasonable cause lies with the employee. (e) Interruption or termination of the employee's service by an act or omission of the Employer employer with the intention of avoiding any obligation imposed by this Agreement or the Long Service Leave Act 1987. (f) Interruption or termination of the employee's service arising directly or indirectly from an industrial dispute if the employee returns to the service of the Employer employer in consequence of the settlement of the dispute. (g) Transfer of the employment of an employee from one Employer employer to a second Employer employer where the second Employer employer is the successor or assignee or transmittee of the first Employeremployer's business. In this case, service with the first Employer employer is deemed to be service with the second Employeremployer. (h) Interruption or termination of the employee's service by the Employer employer for any reason other than those referred to in this clause if the worker returns to the service of the Employer employer within two months of the date on which the service was interrupted or terminated. (i) Any other absence from work for any reason other than those referred to in this clause, unless written notice is given by the Employer employer that the absence from work is to be taken as breaking the employee's continuity of service. Such notice must be given during the period of absence or no later than 14 days after the end of the period of absence.

Appears in 1 contract

Samples: Enterprise Agreement

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