Measures to Avoid Termination Clause Samples
The "Measures to Avoid Termination" clause sets out steps that parties must take to prevent the premature ending of an agreement. Typically, this clause requires parties to notify each other of issues that could lead to termination and to engage in good faith efforts, such as negotiation or remediation, to resolve those issues before any termination action is taken. By mandating these preventative measures, the clause helps maintain the continuity of the contractual relationship and provides a structured process for addressing problems, thereby reducing the risk of abrupt or unnecessary contract termination.
Measures to Avoid Termination. Where the funding that supports an employee’s CCFRC ceases:
(a) the University may transfer the employee to another equivalent position;
(b) at the discretion of the relevant senior manager, a CCFRC employee may be employed using other available funding, where:
(i) the use of such funding is for a limited period; and
(ii) the Faculty or Division has a reasonable expectation that alternative research funding or a continuing appointment will become available.
(c) if, during the notice period specified in subclause 18.5, the funding for the position is renewed, the notice period ceases to apply and employment continues;
(d) if an application for renewal of the funding for the position is still pending, then by mutual agreement:
(i) the period of employment may continue for any period of: paid accrued annual leave and/or long service leave; and thereafter unpaid leave, provided that unpaid leave shall not be available under this subclause to bring the aggregate period of leave above 12 weeks; or
(ii) if the employment has ceased, payment of severance and/or payment in lieu of notice may be delayed for up to 12 weeks to facilitate continuation of service and if the funding for the position is renewed, the employee’s employment will recommence and there shall be no entitlement to severance pay or payment in lieu of notice and the period from cessation of employment to recommencement of employment shall not break continuity of service, but will not count as service.
Measures to Avoid Termination. (a) This subclause 18.4 applies to an Employee employed on a CCFRC where the funding that supports the Employee’s CCFRC ceases.
(b) UNSW may:
(i) transfer the Employee to another equivalent position; or
(ii) at the discretion of the relevant senior manager, employ the Employee using other available funding, where:
(A) the use of such funding is for a limited period; and
(B) the Faculty or Division has a reasonable expectation that alternative research funding or a continuing appointment will become available.
(c) If, during the notice period specified in subclause 18.6, the funding for the CCFRC position is renewed, the notice period ceases to apply and employment continues.
(d) If an application for renewal of the funding for the CCFRC position is still pending, then by mutual agreement:
(i) the period of employment may continue for any period of:
(A) paid accrued annual leave and/or long service leave; and thereafter
(B) unpaid leave, provided that the aggregate period of paid and unpaid leave will not be more than 12 weeks; or
(ii) if the employment has ceased, payment of severance and payment in lieu of notice as applicable may be delayed for up to 12 weeks to facilitate continuation of service. If the funding for the position is renewed, the Employee’s employment will recommence and there will be no entitlement to severance pay or payment in lieu of notice. The period from cessation of employment to recommencement of employment will not break continuity of service, but will not count as service.