No Suitable Alternative Position Sample Clauses
The 'No Suitable Alternative Position' clause defines the employer's obligation to consider alternative roles for an employee whose current position is being eliminated, typically due to redundancy or restructuring. In practice, this clause requires the employer to assess whether there are any available positions within the organization that the affected employee could reasonably fill, based on their skills and experience. If no such suitable alternative is found, the employer may proceed with termination or redundancy. This clause ensures that employees are given fair consideration for continued employment before being dismissed, thereby promoting fairness and reducing the risk of wrongful termination claims.
No Suitable Alternative Position. 10.4.1 Where Council decides that no suitable alternative position exists, the employee may elect to access a voluntary separation package.
10.4.2 The conditions of the voluntary separation package are outlined in 10.6 below.
10.4.3 Where there is more than one employee occupying the redundant position and at least one position will remain after the restructure, management will call for volunteers (from among the affected group) who are interested in accessing a voluntary separation package. Where there are too many volunteers, a selection process based on objective assessment criteria for the position will be undertaken by the employer to determine which employee(s) will be granted the VSP.
10.4.4 Council will give the employee full details of their VSP entitlement and provide external professional job placement counselling for a maximum period of six months.
10.4.5 The employee will have four weeks from the date of being advised in writing that there is no suitable alternative position, in which to respond to this offer.
10.4.6 If the employee accepts the offer of a VSP, the employee will be paid their entitlements under the VSP within 5 working days of their acceptance.
10.4.7 Where the employee whose position has been redundant does not wish to access a VSP, the Council may attempt to create a vacancy for a suitable alternative position by identifying positions, throughout the Council (that are occupied by administrative staff) that fit the criteria of Clause 10.3.4 above.
10.4.8 Once these positions have been identified, Council will call for volunteers for accessing a VSP from among the group of employees who are occupying those suitable alternative positions.
10.4.9 If there is a volunteer from among this group, then the volunteer will be given a VSP and the employee whose position has been made redundant will be redeployed into the consequential vacancy.
10.4.10 If there is more than one volunteer for a VSP from among this group, the Council will decide which volunteer will be granted a VSP.
10.4.11 If there are no volunteers forthcoming and a vacancy for a suitable alternative position cannot be created, the employee whose position has been made redundant will enter the alternative work program for a period of 6 months.
No Suitable Alternative Position. 10.4.1 Where Council decides that no suitable alternative position exists, the employee may elect to access a voluntary separation package.
10.4.2 The conditions of the voluntary separation package are outlined in