Managing Employment Concerns Clause Samples
The "Managing Employment Concerns" clause outlines how employment-related issues arising from the agreement will be addressed. It typically specifies procedures for handling matters such as employee transfers, redundancies, or compliance with labor laws during business transactions like mergers or outsourcing. By clearly defining responsibilities and processes, this clause helps prevent disputes and ensures that both parties understand their obligations regarding affected employees, thereby reducing legal and operational risks.
Managing Employment Concerns. 13.1 Procedural and substantive fairness to apply
(a) The principles of procedural and substantive fairness shall underpin the application of procedures under this clause.
(b) An Employee shall, at all stages of this process, have the right to be accompanied by a union representative or other support person nominated by them, whose role is to support and advise the Employee, ensure natural justice is afforded, assist the Employee to articulate their responses and participate as appropriate.
(c) The procedures under this clause must be followed prior to terminating employment (other than for reason of genuine redundancy), issuing a warning, or taking any other disciplinary step.
(d) Under this clause, a Concern means a concern or concerns which would warrant the taking any of the actions stated in clauses 13.4 or 13.5 and includes concerns regarding an Employee’s performance and/or conduct and/or capacity.
Managing Employment Concerns. 13.1 Procedural and substantive fairness to apply
(a) The principles of procedural and substantive fairness shall underpin the application of procedures under this clause.
(b) An Employee shall, at all stages of this process, have the right to be accompanied by a union representative or other support person nominated by them, whose role is to support and advise the Employee, ensure natural justice is afforded, assist the Employee to articulate their responses and participate as appropriate.
(c) The procedures under this clause must be followed prior to terminating employment (other than for reason of genuine redundancy), issuing a warning, or taking any other disciplinary step.