Common use of Pro Rata Long Service Leave Clause in Contracts

Pro Rata Long Service Leave. If the employment of an Employee ends before they have completed the first or further qualifying periods in accordance with subclause 43.1, payment in lieu of long service proportionate to their length of service will not be made unless the Employee: (a) has completed a total of at least three years continuous service and his/her employment has been ended by their Employer for reasons other than serious misconduct; or (b) is not less than 55 years of age and resigns but only if the Employee has completed a total of not less than 12 months continuous service prior to the day from which the resignation has effect; or (c) has completed a total of not less than 12 months continuous service and their employment has been ended by their Employer on account of incapacity due to old age, ill health or the result of an accident; or (d) dies after having served continuously for not less than 12 months before their death and leaves their spouse, children, parent or invalid brother or sister dependent on them in which case the payment will be made to such a spouse or other dependant.

Appears in 3 contracts

Samples: Wa Health System – United Workers Union (Wa) – Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2020, Industrial Agreement, Wa Health System – United Workers Union (Wa) – Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2020

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Pro Rata Long Service Leave. (a) If the employment of an Employee employee ends before they have completed the first or further qualifying periods in accordance with subclause 43.138.1, payment in lieu of long service leave proportionate to their length of service will not be made unless the Employeeemployee: (ai) has completed a total of at least three years 3 years’ continuous service and his/her their employment has been ended by their Employer employer for reasons other than serious misconduct; or (bii) is not less than 55 years of age and resigns but only if the Employee employee has completed a total of not less than 12 months months’ continuous service prior to the day from which the resignation has effect; or (ciii) has completed a total of not less than 12 months months’ continuous service and their employment has been ended by their Employer employer on account of incapacity due to old age, ill health or the result of an accident; or (div) dies after having served continuously for not less than 12 months before their death and leaves their spouse, children, parent or invalid brother or sister dependent on them them, in which case the payment will be made to such a spouse or other dependant.

Appears in 3 contracts

Samples: Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement

Pro Rata Long Service Leave. (a) If the employment of an Employee employee ends before they have completed the first or further qualifying periods in accordance with subclause 43.139.1, payment in lieu of long service Long Service Leave proportionate to their length of service will not be made unless the Employeeemployee: (ai) has completed a total of at least three years 3 years’ continuous service and his/her their employment has been ended by their Employer for reasons other than serious misconduct; or (bii) is not less than 55 years of age and resigns but only if the Employee employee has completed a total of not less than 12 months months’ continuous service prior to the day from which the resignation has effect; or (ciii) has completed a total of not less than 12 months months’ continuous service and their employment has been ended by their Employer on account of incapacity due to old age, ill health or the result of an accident; or (div) dies after having served continuously for not less than 12 months before their death and leaves their spouse, children, parent or invalid brother or sister dependent on them them, in which case the payment will be made to such a spouse or other dependant.

Appears in 3 contracts

Samples: Hospital Support Workers Industrial Agreement 2022, Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement

Pro Rata Long Service Leave. If the employment of an Employee ends before they have completed the first or further qualifying periods in accordance with subclause 43.1, payment in lieu of long service proportionate to their length of service will not be made unless the Employee: (a) has completed a total of at least three years continuous service and his/her their employment has been ended by their Employer for reasons other than serious misconduct; or (b) is not less than 55 years of age and resigns but only if the Employee has completed a total of not less than 12 months continuous service prior to the day from which the resignation has effect; or (c) has completed a total of not less than 12 months continuous service and their employment has been ended by their Employer on account of incapacity due to old age, ill health or the result of an accident; or (d) dies after having served continuously for not less than 12 months before their death and leaves their spouse, children, parent or invalid brother or sister dependent on them in which case the payment will be made to such a spouse or other dependant.

Appears in 2 contracts

Samples: Wa Health System United Workers Union (Wa) Enrolled Nurses, Assistants in Nursing, Aboriginal Health Workers, Ethnic Health Workers and Aboriginal Health Practitioners Industrial Agreement 2022, Industrial Agreement

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Pro Rata Long Service Leave. If the employment of an Employee employee ends before they have completed the first or further qualifying periods in accordance with subclause 43.142.1, payment in lieu of long service proportionate to their length of service will not be made unless the Employeeemployee: (a) has completed a total of at least three years continuous service and his/her employment has been ended by their Employer for reasons other than serious misconduct; or (b) is not less than 55 years of age and resigns but only if the Employee employee has completed a total of not less than 12 months continuous service prior to the day from which the resignation has effect; or (c) has completed a total of not less than 12 months continuous service and their employment has been ended by their Employer on account of incapacity due to old age, ill health or the result of an accident; or (d) dies after having served continuously for not less than 12 months before their death and leaves their spouse, children, parent or invalid brother or sister dependent on them in which case the payment will be made to such a spouse or other dependant.

Appears in 2 contracts

Samples: Industrial Agreement, Industrial Agreement

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