Redundancy due to transmission of business Sample Clauses
The 'Redundancy due to transmission of business' clause defines how redundancies are handled when a business is transferred to a new owner or operator. Typically, this clause outlines the rights and obligations of both the outgoing and incoming employers regarding employees who may be made redundant as a result of the business transfer. For example, it may specify whether employees are entitled to redundancy payments, or if their employment is automatically continued with the new employer. The core function of this clause is to provide clarity and protection for employees and employers during business transitions, ensuring that redundancy entitlements and responsibilities are clearly allocated and understood.
Redundancy due to transmission of business. Where a business is transmitted from an employer (the transmitter) to another employer (the transmittee) and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee.
12.2.1 The continuity of the employment of the employee shall be deemed not to have broken by reason of such transmission; and
12.2.2 The period of employment, which the employee has had with the transmitter or any prior transmitter, shall be deemed to be service of the employee with the transmittee.
12.2.3 In this sub clause business includes trade, process business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
12.2.4 This clause shall not apply by reason only of an employer taking over the employees of another employer to compete contract or subcontract works abandoned by that other employer by reason of bankruptcy, liquidation or otherwise.
Redundancy due to transmission of business. Where a business is transmitted from an employer (the transmitter) to another employer (the transmittee) and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee. The continuity of the employment of the employee shall be deemed not to have broken by reason of such transmission; and The period of employment, which the employee has had with the transmitter or any prior transmitter, shall be deemed to be service of the employee with the transmittee. In this sub clause business includes trade, process business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. This clause shall not apply by reason only of an employer taking over the employees of another employer to compete contract or subcontract works abandoned by that other employer by reason of bankruptcy, liquidation or otherwise. Redundancy pay In addition to the period of notice prescribed for ordinary termination, an employee whose employment is terminated by reason of redundancy, shall be entitled to the following amount of redundancy pay in respect of a continuous period of service: Period of continuous service Redundancy pay At completion of one year 4 week’s pay At completion of two years 6 week’s pay At completion of three years 7 week’s pay At completion of four years 8 week’s pay Week’s pay means the gross weekly ordinary all purpose rate of pay, as defined, at the date of termination. Provided that an employee shall be entitled to a pro rata payment for any period of continuous service which is less than a full year at any of the year levels referred to above. Provided that where an employee who is terminated receives a benefit from a severance pay scheme, he or she shall only receive the difference between the redundancy pay specified above and the amount of the severance benefit he or she receives which is attributable to employer contributions. If the severance benefit is greater than the amount under 12.3.1 hereof then he or she shall receive no payment under that subclause. Incapacity to pay redundancy pay If In a situation where the only entitlement to redundancy pay for the particular employee is pursuant to clause 12.3 of the Award and there is a dispute as to the employer’s capacity to make redundancy payments in accordance with clause 12.3...