Common use of Payment of Wages following Termination Clause in Contracts

Payment of Wages following Termination. (a) When notice of termination of employment has been given by an Employee or an Employee's services have been terminated by an Employer, payment of all wages and other monies owing to an Employee shall be made to the employee within 24 hours of termination. (b) Termination payments will include the payment of leave loading as per the provisions of Clause 53. (c) In respect to Enrolled Nurses and HASA Employees only, where payment is made later than 24 hours after termination: (i) If an Employee is kept waiting for more than 24 hours, such Employee shall be paid overtime rates for the duration of the period until such monies owing are paid with a minimum payment of two hours and a maximum payment of seven hours and 36 minutes per day. (ii) Notwithstanding the above, this subclause will not come into effect if the payment of wages or other monies owed falls on a Bank Holiday or declared public holiday. This clause will come into effect upon the expiration of such a Bank Holiday or declared public holiday. (iii) This subclause will not come into effect if a circumstance outside the control of the Employer frustrates the Employer's ability to meet the requirements of this subclause. (d) Where the system of working provides for the taking of ADOs and an Employee's employment is terminated and: (i) one or more ADOs have been granted in advance; or (ii) an ADO has been taken during the work cycle during which the Employee is terminated, the wages due to that Employee shall be reduced by the total of the ADOs taken in advance, and/or the total un-accrued portion of the ADO granted in that work cycle as the case may be; or (iii) an Employee has not worked a complete four week cycle or five week cycle as the case may be; he or she shall receive pro rata accrued entitlements for each day worked or regarded as having been worked (i.e. paid leave) in such cycle payable for the accrued day off.

Appears in 5 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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Payment of Wages following Termination. (a) When notice of termination of employment has been given by an Employee or an Employee's services have been terminated by an Employer, payment of all wages and other monies owing to an Employee shall be made to the employee within 24 hours of termination. (b) Termination payments will include the payment of leave loading as per the provisions of Clause 53. (c) In respect to Enrolled Nurses and HASA Employees only, where payment is made later than 24 hours after termination: (i) If an Employee is kept waiting for more than 24 hours, such Employee shall be paid overtime rates for the duration of the period until such monies owing are paid with a minimum payment of two hours and a maximum payment of seven hours and 36 minutes per day. (ii) Notwithstanding the above, this subclause will not come into effect if the payment of wages or other monies owed falls on a Bank Holiday or declared public holiday. This clause will come into effect upon the expiration of such a Bank Holiday or declared public holiday. (iii) This subclause will not come into effect if a circumstance outside the control of the Employer frustrates the Employer's ability to meet the requirements of this subclause. (d) Where the system of working provides for the taking of ADOs and an Employee's employment is terminated and: (i) one or more ADOs have been granted in advance; or (ii) an ADO has been taken during the work cycle during which the Employee is terminated, the wages due to that Employee shall be reduced by the total of the ADOs taken in advance, and/or the total un-accrued portion of the ADO granted in that work cycle as the case may be; or (iii) an Employee has not worked a complete four week cycle or five week cycle as the case may be; he or she shall receive pro rata accrued entitlements for each day worked or regarded as having been worked (i.e. paid leave) in such cycle payable for the accrued day off.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Payment of Wages following Termination. (a) When notice of termination of employment has been given by an Employee or an Employee's services have been terminated by an Employer, payment of all wages and other monies owing to an Employee shall be made to the employee within 24 hours 7 days of terminationtermination or the next pay cycle, whichever is earlier. (b) Termination payments will include the payment of leave loading as per the provisions of Clause 53. (c) In respect to Enrolled Nurses and HASA Employees only, where payment is made later than 24 hours after termination: (i) If an Employee is kept waiting for more than 24 hours, such Employee shall be paid overtime rates for the duration of the period until such monies owing are paid with a minimum payment of two hours and a maximum payment of seven hours and 36 minutes per day. (ii) Notwithstanding the above, this subclause will not come into effect if the payment of wages or other monies owed falls on a Bank Holiday or declared public holiday. This clause will come into effect upon the expiration of such a Bank Holiday or declared public holiday. (iii) This subclause will not come into effect if a circumstance outside the control of the Employer frustrates the Employer's ability to meet the requirements of this subclause. (d) Where the system of working provides for the taking of ADOs and an Employee's employment is terminated and: (i) one or more ADOs have been granted in advance; or (ii) an ADO has been taken during the work cycle during which the Employee is terminated, the wages due to that Employee shall be reduced by the total of the ADOs taken in advance, and/or the total un-accrued portion of the ADO granted in that work cycle as the case may be; or (iii) an Employee has not worked a complete four week cycle or five week cycle as the case may be; he or she shall receive pro rata accrued entitlements for each day worked or regarded as having been worked (i.e. paid leave) in such cycle payable for the accrued day off. 13.1 By agreement with the Employee, an Employee’s pay may be salary packaged. 13.2 The Employee shall compensate the Employer from within their base remuneration for any FBT incurred as a consequence of any salary packaging arrangement the Employee has entered into. Where the Employee chooses not to pay any of the costs associated with their salary packaging, the Employer may cease the Employee’s salary packaging arrangements. 13.3 The parties agree that in the event that salary packaging ceases to be an advantage to the Employee (including as a result of subsequent changes to FBT legislation), the Employee may elect to convert the amount packaged to salary. Any costs associated with the conversion to salary shall be borne by the Employee and the Employer shall not be liable to make up any benefit lost as a consequence of an Employee’s decision to convert to salary. 13.4 The Employee shall be responsible for all costs associated with the administration of their salary packaging arrangements, provided that such costs shall be confined to reasonable commercial charges as levied directly by the external salary packaging provider and/or in-house payroll service (as applicable), as varied from time to time. 13.5 The parties recommend to Employees who are considering salary packaging that they seek independent financial advice. The Employer shall not be held responsible in any way for the cost or outcome of any such advice and furthermore, the parties agree that the Employee shall pay for any costs associated with salary packaging.

Appears in 1 contract

Samples: Enterprise Agreement

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Payment of Wages following Termination. (a) When notice of termination of employment has been given by an Employee or an Employee's services have been terminated by an Employer, payment of all wages and other monies owing to an Employee shall be made to the employee within 24 hours of termination. (b) Termination payments will include the payment of leave loading as per the provisions of Clause 53. (c) In respect to Enrolled Nurses and HASA Employees only, where payment is made later than 24 hours after termination: (i) If an Employee is kept waiting for more than 24 hours, such Employee shall be paid overtime rates for the duration of the period until such monies owing are paid with a minimum payment of two hours and a maximum payment of seven hours and 36 minutes per day. (ii) Notwithstanding the above, this subclause will not come into effect if the payment of wages or other monies owed falls on a Bank Holiday or declared public holiday. This clause will come into effect upon the expiration of such a Bank Holiday or declared public holiday. (iii) This subclause will not come into effect if a circumstance outside the control of the Employer frustrates the Employer's ability to meet the requirements of this subclause. (d) Where the system of working provides for the taking of ADOs and an Employee's employment is terminated and: (i) one or more ADOs have been granted in advance; or (ii) an ADO has been taken during the work cycle during which the Employee is terminated, the wages due to that Employee shall be reduced by the total of the ADOs taken in advance, and/or the total un-accrued portion of the ADO granted in that work cycle as the case may be; or (iii) an Employee has not worked a complete four week cycle or five week cycle as the case may be; he or she the Employee shall receive pro rata accrued entitlements for each day worked or regarded as having been worked (i.e. paid leave) in such cycle payable for the accrued day off.

Appears in 1 contract

Samples: Enterprise Agreement

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