Common use of Re-assignment to Functionally Equivalent Positions Clause in Contracts

Re-assignment to Functionally Equivalent Positions. (a) Following completion of the reconfirmation process, the employer may reassign an employee, who has not been reconfirmed in accordance with clause 10.3.9, to a suitable position at the merged school. (b) Subject to the provisions in this section, if an employee expresses a preference for a position that is functionally equivalent (as defined under 10.3.8(a)(iv) above) to her/his current position, and she/he is the only suitably qualified and experienced employee for that position, she/he shall be reassigned to that position. (c) An employee may be reassigned to her/his preferred position or, subject to the agreement of the employee, to a position for which she/he is appropriately qualified and experienced. (d) Where there are more employees in positions that are functionally equivalent than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those employees and shall appoint the most suitable candidate(s) based upon merit. (e) An employee who is not appointed to a functionally equivalent position at the merged school may be reassigned to any vacant position for which she/he is suitable, or could become suitable with access to re-training, provided the terms and conditions are no less favourable and the duties and responsibilities are comparable. (f) An employee who accepts reassignment to a position assessed as being at a lower grade and/or offering a lower hourly rate/salary rate will be entitled to an equalization allowance for a period of one year from the date on which the reassignment takes effect. The equalisation allowance will be calculated on the basis of the difference between the hourly rate/salary rate paid to the employee prior to reassignment and that paid for the position to which she/he has been reassigned. Should the position be upgraded, or a higher graded position obtained during the 12 month period, the allowance would be reduced accordingly or removed. (g) An employee who accepts reassignment to a position with reduced hours will be entitled to a partial redundancy payment. Partial redundancy will be calculated on the basis of applying the redundancy pay formula described in clause 10.2.12 (Surplus Staffing) of this Agreement to the total number of reduced hours, as set under clause 2.4.2 (Hours of Work) of this Agreement. This total shall be paid as an allowance over the number of weeks of entitlement. Should the employee’s hours increase over this period it will be reduced or removed accordingly. (h) An employee who does not wish to accept reassignment to a position with less favourable terms and/or conditions will be deemed to have had her/his position disestablished. The provisions of clause 10.3.11below will apply to any such employee.

Re-assignment to Functionally Equivalent Positions. (a) Following completion of the reconfirmation process, the employer may reassign an employee, who has not been reconfirmed in accordance with clause 10.3.9, to a suitable position at the merged school. (b) Subject to the provisions in this section, if an employee expresses a preference for a position that is functionally equivalent (as defined under 10.3.8(a)(iv) above) to her/his current position, and she/he is the only suitably qualified and experienced employee for that position, she/he shall be reassigned to that position. (c) An employee may be reassigned to her/his preferred position or, subject to the agreement of the employee, to a position for which she/he is appropriately qualified and experienced. (d) Where there are more employees in positions that are functionally equivalent than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those employees and shall appoint the most suitable candidate(s) based upon merit. (e) An employee who is not appointed to a functionally equivalent position at the merged school may be reassigned to any vacant position for which she/he is suitable, or could become suitable with access to re-training, provided the terms and conditions are no less favourable and the duties and responsibilities are comparable. (f) An employee who accepts reassignment to a position assessed as being at a lower grade and/or offering a lower hourly rate/salary rate will be entitled to an equalization allowance for a period of one year from the date on which the reassignment takes effect. The equalisation allowance will be calculated on the basis of the difference between the hourly rate/salary rate paid to the employee prior to reassignment and that paid for the position to which she/he has been reassigned. Should the position be upgraded, or a higher graded position obtained during the 12 month period, the allowance would be reduced accordingly or removed. (g) An employee who accepts reassignment to a position with reduced hours will be entitled to a partial redundancy payment. Partial redundancy will be calculated on the basis of applying the redundancy pay formula described in clause 10.2.12 (Surplus Staffing) of this Agreement to the total number of reduced hours, as set under clause 2.4.2 (Hours of Work) of this Agreement. This total shall be paid as an allowance over the number of weeks of entitlement. Should the employee’s hours increase over this period it will be reduced or removed accordingly. (h) An employee who does not wish to accept reassignment to a position with less favourable terms and/or conditions will be deemed to have had her/his position disestablished. The provisions of clause 10.3.11below will apply to any such employee.clause

Re-assignment to Functionally Equivalent Positions. (a) Following completion of the reconfirmation reconfirmation process, the employer may reassign an employee, who has not been reconfirmed reconfirmed in accordance with clause 10.3.9, to a suitable position at the merged school. (b) Subject to the provisions in this section, if an employee expresses a preference for a position that is functionally equivalent (as defined defined under 10.3.8(a)(iv) above) to her/his current position, and she/he is the only suitably qualified qualified and experienced employee for that position, she/he shall be reassigned to that position. (c) An employee may be reassigned to her/his preferred position or, subject to the agreement of the employee, to a position for which she/he is appropriately qualified qualified and experienced. (d) Where there are more employees in positions that are functionally equivalent than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those employees and shall appoint the most suitable candidate(s) based upon merit. (e) An employee who is not appointed to a functionally equivalent position at the merged school may be reassigned to any vacant position for which she/he is suitable, or could become suitable with access to re-training, provided the terms and conditions are no less favourable and the duties and responsibilities are comparable. (f) An employee who accepts reassignment to a position assessed as being at a lower grade and/or offering and/ or offering a lower hourly rate/salary rate will be entitled to an equalization allowance for a period of one year from the date on which the reassignment takes effecteffect. The equalisation allowance will be calculated on the basis of the difference difference between the hourly rate/salary rate paid to the employee prior to reassignment and that paid for the position to which she/he has been reassigned. Should the position be upgraded, or a higher graded position obtained during the 12 month period, the allowance would be reduced accordingly or removed. (g) An employee who accepts reassignment to a position with reduced hours will be entitled to a partial redundancy payment. Partial redundancy will be calculated on the basis of applying the redundancy pay formula described in clause 10.2.12 (Surplus StaffingStaffing) of this Agreement to the total number of reduced hours, as set under clause 2.4.2 (Hours of Work) of this Agreement. This total shall be paid as an allowance over the number of weeks of entitlement. Should the employee’s hours increase over this period it will be reduced or removed accordingly. (h) An employee who does not wish to accept reassignment to a position with less favourable terms and/or conditions will be deemed to have had her/his position disestablished. The provisions of clause 10.3.11below will apply to any such employee.

Re-assignment to Functionally Equivalent Positions. (a) 8.1 Following completion of the reconfirmation process, the employer may reassign an employee, who has not been reconfirmed in accordance with clause 10.3.97, to a suitable position at the merged school. (b) 8.2 Subject to the provisions in this section, if an employee expresses a preference for a position that is functionally equivalent (as defined under 10.3.8(a)(ivsubclause 6.1(c) above) to her/his current position, and shes/he is the only suitably qualified and experienced employee for that position, shes/he shall be reassigned to that position. (c) 8.3 An employee may be reassigned to her/his preferred position or, subject to the agreement of the employee, to a position for which shes/he is appropriately qualified and experienced. (d) 8.4 Where there are more employees in positions that are functionally equivalent than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those employees and shall appoint the most suitable candidate(s) based upon merit. (e) 8.5 An employee who is not appointed to a functionally equivalent position at the merged school may be reassigned to any vacant position for which shes/he is suitable, or could become suitable with access to re-re- training, provided the terms and conditions are no less favourable and the duties and responsibilities are comparable. (f) 8.6 An employee who accepts reassignment to a position assessed as being at a lower grade and/or offering a lower hourly rate/salary rate will be entitled to an equalization equalisation allowance for a period of one year from the date on which the reassignment takes effect. The equalisation allowance will be calculated on the basis of the difference between the hourly rate/salary rate paid to the employee prior to reassignment and that paid for the position to which shes/he has been reassigned. Should the position be upgraded, or a higher graded position obtained during the 12 month period, the allowance would be reduced accordingly or removed. (g) 8.7 An employee who accepts reassignment to a position with reduced hours will be entitled to a partial redundancy payment. Partial redundancy will be calculated on the basis of applying the redundancy pay formula described in clause 10.2.12 subclause 4.8.11 (Surplus StaffingRedundancy) of this Agreement agreement to the total number of reduced hours, ordinary hours per week (as set under clause 2.4.2 (Hours subclause 4.1 of Work) of this Agreementthe collective agreement). This total shall be paid as an allowance over the number of weeks of entitlemententitlement to a maximum of 30. Should the employee’s 's hours increase over this period it the allowance will be reduced or removed accordingly. (h) 8.8 An employee who does not wish to accept reassignment to a position with less favourable terms and/or conditions will be deemed to have had her/his position disestablished. The provisions of clause 10.3.11below 9 below will apply to any such employee.

Re-assignment to Functionally Equivalent Positions. (a) Following completion of the reconfirmation process, the employer may reassign an employee, who has not been reconfirmed in accordance with clause 10.3.9, to a suitable position at the merged school. (b) Subject to the provisions in this section, if an employee expresses a preference for a position that is functionally equivalent (as defined under 10.3.8(a)(iv) above) to her/his current position, and she/he is the only suitably qualified and experienced employee for that position, she/he shall be reassigned to that position. (c) An employee may be reassigned to her/his preferred position or, subject to the agreement of the employee, to a position for which she/he is appropriately qualified and experienced. (d) Where there are more employees in positions that are functionally equivalent than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those employees and shall appoint the most suitable candidate(s) based upon merit. (e) An employee who is not appointed to a functionally equivalent position at the merged school may be reassigned to any vacant position for which she/he is suitable, or could become suitable with access to re-training, provided the terms and conditions are no less favourable and the duties and responsibilities are comparable. (f) An employee who accepts reassignment to a position assessed as being at a lower grade and/or and/ or offering a lower hourly rate/salary rate will be entitled to an equalization allowance for a period of one year from the date on which the reassignment takes effect. The equalisation allowance will be calculated on the basis of the difference between the hourly rate/salary rate paid to the employee prior to reassignment and that paid for the position to which she/he has been reassigned. Should the position be upgraded, or a higher graded position obtained during the 12 month period, the allowance would be reduced accordingly or removed. (g) An employee who accepts reassignment to a position with reduced hours will be entitled to a partial redundancy payment. Partial redundancy will be calculated on the basis of applying the redundancy pay formula described in clause 10.2.12 (Surplus Staffing) of this Agreement to the total number of reduced hours, as set under clause 2.4.2 (Hours of Work) of this Agreement. This total shall be paid as an allowance over the number of weeks of entitlement. Should the employee’s hours increase over this period it will be reduced or removed accordingly. (h) An employee who does not wish to accept reassignment to a position with less favourable terms and/or conditions will be deemed to have had her/his position disestablished. The provisions of clause 10.3.11below 10.3.11 below will apply to any such employee.