Qualification for payment. Always subject to the terms of this clause, an Employee shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act, be paid accident pay by her/his Employer who is liable to pay compensation under the Act, which said liability by the Employer for accident pay may be discharged by another person on his behalf, provided that: (a) Accident pay shall only be payable to an Employee whilst such Employee remains in the employment of the Employer by whom she/he was employed at the time of the incapacity and then only for such period as she/he receives a weekly payment under the Act. Provided that if an Employee on partial incapacity cannot obtain suitable employment from her/his Employer but such alternative employment is available with another employer than the relevant amount of accident pay shall be payable. (i) Provided further that in the case of the termination of employment by an Employer of an Employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful misconduct on the part of the Employee. (ii) In order to qualify for the continuance of accident pay on termination, an Employee shall if required provide evidence to his/her Employer of the continuing payment of weekly compensation payments.
Appears in 2 contracts
Samples: Multiple Employer Agreement, Multiple Employer Agreement
Qualification for payment. (a) Always subject to the terms of this clause, an Employee covered by this part shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act, Act be paid accident pay by her/his their Employer who is liable to pay compensation under the Act, which said liability by the Employer for accident pay may be discharged by another person on his behalf, provided that:
(ab) Accident pay shall only be payable to an Employee whilst such Employee remains in the employment of the Employer by whom she/he was they were employed at the time of the incapacity and then only for such period as she/he receives they receive a weekly payment under the Act. Provided that if an Employee on partial incapacity cannot obtain suitable employment from her/his their Employer but such alternative employment is available with another employer Employer than the relevant amount of accident pay shall be payable.
(ic) Provided further that in the case of the termination of employment by an Employer of an Employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful willful misconduct on the part of the Employee.
(iid) In order to qualify for the continuance of accident pay on termination, termination an Employee shall if required provide evidence to his/her their Employer of the continuing payment of weekly Employees compensation payments.
Appears in 1 contract
Samples: Enterprise Agreement
Qualification for payment. (a) Always subject to the terms of this clause, an Employee covered by this part shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act, Act be paid accident pay by her/his their Employer who is liable to pay compensation under the Act, which said liability by the Employer for accident pay may be discharged by another person on his behalf, provided that:
(ab) Accident pay shall only be payable to an Employee whilst such Employee remains in the employment of the Employer by whom she/he was they were employed at the time of the incapacity and then only for such period as she/he receives they receive a weekly payment under the Act. Provided that if an Employee on partial incapacity cannot obtain suitable employment from herhers/his their Employer but such alternative employment is available with another employer Employer than the relevant amount of accident pay shall be payable.
(ic) Provided further that in the case of the termination of employment by an Employer of an Employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful misconduct on the part of the Employee.
(iid) In order to qualify for the continuance of accident pay on termination, termination an Employee shall if required provide evidence to his/her their Employer of the continuing payment of weekly Employees compensation payments.
Appears in 1 contract
Samples: Royal District Nursing Service LTD Victorian Operations Enterprise Agreement 2016
Qualification for payment. Always subject to the terms of this clause, an Employee employee covered by this part shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act, Act be paid accident pay by her/his Employer employer who is liable to pay compensation under the Act, which said liability by the Employer employer for accident pay may be discharged by another person on his behalf, provided that:
(a) 11.2.1 Accident pay shall only be payable to an Employee employee whilst such Employee employee remains in the employment of the Employer employer by whom she/he was employed at the time of the incapacity and then only for such period as she/he receives a weekly payment under the Act. Provided that if an Employee employee on partial incapacity cannot obtain suitable employment from her/his Employer employer but such alternative employment is available provided with another employer than then the relevant amount of accident pay shall be payable.
(ia) Provided further that in the case of the termination of employment by an Employer employer of an Employee employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful misconduct on the part of the Employeeemployee.
(iib) In order to qualify for the continuance of accident pay on termination, termination an Employee employee shall if required provide evidence to his/her Employer employer of the continuing payment of weekly workers’ compensation payments.
Appears in 1 contract
Samples: Nurses (Victorian Public Health Sector) Multiple Business Agreement 2007 2011