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: 2.1.1 Absence of the employee from work for any cause by leave of the employer. 2.1.2 Absence from work on account of illness, disease or injury. 2.1.3 Absence with reasonable cause. Proof of such reasonable cause lies with the employee. 2.1.4 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, the Act or the Long Service Leave Act 1987. 2.1.5 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. 2.1.6 Transfer of 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. 2.1.7 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. 2.1.8 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.

Maintenance of Continuous Service. Except as otherwise indicated, service is deemed to be continuous despite: 2.1.1 Absence of the employee from work for any cause by leave of the employer. 2.1.2 Absence from work on account of illness, disease or injury. 2.1.3 Absence with reasonable cause. Proof of such reasonable cause lies with the employee. 2.1.4 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, the Act or the SA Long Service Leave Act 1987. 2.1.5 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. 2.1.6 Transfer of 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. 2.1.7 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. 2.1.8 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.

Maintenance of Continuous Service. Except as otherwise indicated, service is deemed to be continuous despite: 2.1.1 2.2.1 Absence of the employee from work for any cause by leave of the employer. 2.1.2 2.2.2 Absence from work on account of illness, disease or injury. 2.1.3 2.2.3 Absence with reasonable cause. Proof of such reasonable cause lies with the employee. 2.1.4 2.2.4 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, the Act or the Long Service Leave Act 1987. 2.1.5 2.2.5 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. 2.1.6 2.2.6 Transfer of 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. 2.1.7 2.2.7 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. 2.1.8 2.2.8 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.