Common use of Measures to Avoid Termination Clause in Contracts

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. 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 18.518.5 below, 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 notice, and the period from cessation of employment to recommencement of employment shall not break continuity of service, but will not count as service. (e) CCFRC employment may only be used for employment which is predominantly or exclusively research. Despite this, a CCFRC employee may be allocated to other work by agreement as a measure to avoid termination. The employment will cease after a period of 12 months unless the employee is converted to continuing employment or alternative work is available consistent with CCFRC employment.

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. 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 18.518.5 below, 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 notice, and the period from cessation of employment to recommencement of employment shall not break continuity of service, but will not count as service. (e) CCFRC employment may only be used for employment which is predominantly or exclusively research. Despite this, a CCFRC employee may be allocated to other work by agreement as a measure to avoid termination. The employment will cease after a period of 12 months unless the employee is converted to continuing employment or alternative work is available consistent with CCFRC employment.