Common use of Redundancy / Severance Clause in Contracts

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or less. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 6 contracts

Samples: Employee Collective Agreement, Collective Agreement, Employee Collective Agreement

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Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees Employees or less. An employeeEmployee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer Company will consult with employees Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employeesEmployees. An employee Employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee Employee shall not be entitled to payment in lieu of notice. The company Company shall provide employees Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employeesEmployees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company Company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 5 contracts

Samples: Employee Collective Agreement, Greenfield Agreement, Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 engages 15 employees or less. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ base rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 3 contracts

Samples: Employee Collective Agreement, Employee Collective Agreement, Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or lessengages less than 15 employees. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees a tradesman or labourer with one (1) day’s notice of redundancy or pay in lieu of such notice. Operators shall be provided with the following notice (or payment in lieu thereof): Period of Continuous Service Period of Notice One year or less 1 week Over one year and up to the completion of three years 2 weeks Over three years and up to the completion of five years 3 weeks Over five years 4 weeks In addition to the notice provided above, employees over 45 years of age at the time of giving notice with not less than two years continuous service shall be entitled to an additional weeks notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but and less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but and less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but and less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay Provided that an employee employed for less than twelve (12) months shall be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. A week’s pay is defined as 38 hours at the employees’ base rate of pay as provided in this agreement without any allowances. Nothing in this clause shall require the employer to disclose information that may harm the employer’s business undertaking or the employer’s interest in carrying on, or disposition of the business undertaking. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 3 contracts

Samples: Employee Collective Agreement, Collective Agreement, Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 engages 15 employees or less. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees Company engages 15 Employees or less. An employeeEmployee’s job is considered to be redundant if the employer Employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer Employer will consult with employees Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employeesEmployees. An employee Employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee Employee shall not be entitled to payment in lieu of notice. The company Company shall provide employees Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employeesEmployees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer Employer offers to continue the employment of the employeeEmployee; • Where the Employer transfers the employee Employee to a related company Company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employeesEmployees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company Company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employeesEmployees.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company Company engages15 employees or less. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company Company shall provide employees with one (1) dayweek’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.:

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or lessengages less than 15 employees. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in years excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. Nothing in this clause shall require the employer to disclose information that may harm the employer’s business undertaking or the employer’s interest in carrying on, or disposition of the business undertaking. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or less. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The provisions of this clause have no application for any other termination circumstances. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: www8.austlii.edu.au

Redundancy / Severance. The provisions of this the clause do not apply to casual employment or if the company engages15 employees or lessEmployees. An employee’s The Employees job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changesperson. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee Employee who has received notice of termination due to redundancy may terminate their his/her employment during the period of notice and shall be entitled to the same severance payment had they he/she remained until the expiry of such notice. However, such employee the Employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed abovein the Agreement, an employee whose employment Employment is terminated by reason of redundancy shall also be entitled to a severance pay payment for continuous periods of service in accordance with the following table: Completed Years Period of Service Entitlement Severance Payment Weeks Pay Less than 1 year or more but Nil 1 and less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 4 2 years or more but and less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 6 3 years or more but and less than 4 years 7 4 and less than 5 8 5 and less than 6 10 6 and less than 7 11 7 and less than 8 13 8 and less than 9 14 9 and less than 10 16 10 and over 12 A weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 40 hours at normal ordinary time pay excluding allowances. For a part-time employee it will be an average the employees’ rate of pay as provided hours worked over the preceding 3 month period. Nothing in this agreement without any allowancesclause shall require the employer to disclose information that may harm the Employer’s business undertaking or the Employer’s interest in carrying on, or deposition of the business undertaking. The above Redundancy Notice and redundancy provisions do shall not apply in any of the following circumstances: • The Company employs less than 15 full time equivalent employees; • A lease, franchise or licence or like agreement under which the employer operates is terminated without notice or with insufficient notice to comply with this provision; • Where an incoming employer Employer offers to continue the employment of the employeeEmployee; • Where the Employer Company transfers the employee Employee to a related company and ensures continuity of serviceservice of the Employee so transferred; • Where employment is terminated as a consequence of conduct that justifies instant dismissaldismissal in accordance with this Agreement; • Cessation of an apprenticeship, including malingeringtraineeship, inefficiencycasual, misconduct probationary or neglect of duty, or in fixed term employment relationship; • Where the case of casual employees, apprentices or trainees engaged Employee has found alternative employment; • Where the Employer has found alternative work for a specific period of time or the Employee; • Where the Employer has found reasonable alternative work for a specific task or tasks. The company may utilise funds the Employee and the Employee turns it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employeesdown.

Appears in 1 contract

Samples: www8.austlii.edu.au

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or lessemployees. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employeesperson. An employee who has received notice of termination due to redundancy may terminate their his/her employment during the period of notice and shall be entitled to the same severance payment had they he/she remained until the expiry of such notice. However, such the employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed abovein this Agreement, an employee whose employment is terminated by reason of redundancy shall also be entitled to a severance pay payment for continuous periods of service in accordance with the following table: Completed Years Period of Service Entitlement Severance Payment Weeks Pay Less than 1 year or more but Nil 1 and less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 4 2 years or more but and less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 6 3 years or more but and less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 4 and less than 5 8 weeks pay 4 years or more 5 and less than 6 10 6 and less than 7 11 7 and less than 8 weeks pay 13 8 and less than 9 14 9 and less than 10 16 10 and over 12 A week’s pay is defined as 38 40 hours at ordinary time pay excluding allowances. For a part-time employee it will be an average the employees’ rate of pay as provided hours worked over the preceding 3-month period. Nothing in this agreement without any allowancesclause shall require the employer to disclose information that may harm the employer’s business undertaking or the employer’s interest in carrying on, or disposition of the business undertaking. The above Redundancy Nothing in this clause shall require the employer to disclose information that may harm the employer’s business undertaking or the employer’s interest in carrying on, or disposition of the business undertaking. Redundancy/Severance provisions do shall not apply in any of the following circumstances: • The Company employs less than 15 full time equivalent employees; • A lease, franchise or license or like agreement under which the employer operates is terminated without notice or with insufficient notice to comply with this provision; • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service of the employee so transferred; • Where the employee has less than one years full time continuous service, the general obligation on the employer should be no more than to give the employee an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining of suitable alternative employment; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty; • Cessation of an apprenticeship, traineeship, casual, probationary or in fixed term employment relationship; • Where the case of casual employees, apprentices or trainees engaged employee has found alternative employment; • Where the employer has found alternative work for a specific period of time or the employee; • Where the employer has found reasonable alternative work for a specific task or tasks. The company may utilise funds the employee and the employee turns it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employeesdown.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or lessEmployees. An employeeEmployee’s job is considered to be redundant if the employer Company has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employeesperson. An employee Employee who has received notice of termination due to redundancy may terminate their his/her employment during the period of notice and shall be entitled to the same severance payment had they he/she remained until the expiry of such notice. However, such employee the Employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed abovein this Agreement, an employee Employee whose employment is terminated by reason of redundancy shall also be entitled to a severance pay payment for continuous periods of service in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 40 hours at ordinary time pay excluding allowances. For a part-time Employee it will be an average the employees’ rate of pay as provided hours worked over the preceding 3-month period. Nothing in this agreement without any allowancesclause shall require the Company to disclose information that may harm the Company’s business undertaking or the Company’s interest in carrying on, or disposition of the business undertaking. The above Redundancy Redundancy/Severance provisions do shall not apply in any of the following circumstances: • The Company employs less than 15 full time equivalent Employees; • A lease, franchise or license or like agreement under which the Company operates is terminated without notice or with insufficient notice to comply with this provision; • Where an incoming employer Company offers to continue the employment of the employeeEmployee; • Where the Employer Company transfers the employee Employee to a related company Company and ensures continuity of service of the Employee so transferred; • Where the Employee has less than one years full time continuous service, the general obligation on the Company should be no more than to give the Employee an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining of suitable alternative employment; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty; • Cessation of an apprenticeship, traineeship, casual, probationary or in fixed term employment relationship; • Where the case of casual employees, apprentices or trainees engaged Employee has found alternative employment; • Where the Company has found alternative work for a specific period of time or the Employee; • Where the Company has found reasonable alternative work for a specific task or tasks. The company may utilise funds the Employee and the Employee turns it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employeesdown.

Appears in 1 contract

Samples: Collective Agreement

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Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or lessemployment. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company Company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.:

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company Company engages15 employees Employees or less. An employeeEmployee’s job is considered to be redundant if the employer Employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer Employer will consult with employees Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employeesEmployees. An employee Employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee Employee shall not be entitled to payment in lieu of notice. The company Company shall provide employees Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employeesEmployees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer Employer offers to continue the employment of the employeeEmployee; • Where the Employer transfers the employee Employee to a related company Company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employeesEmployees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company Company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employeesEmployees.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or lessengages less than 15 employees. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. Nothing in this clause shall require the employer to disclose information that may harm the employer’s business undertaking or the employer’s interest in carrying on, or disposition of the business undertaking. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or lessengages less than 15 employees. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees a tradesman or labourer with one (1) day’s notice of redundancy or pay in lieu of such notice. Operators shall be provided with the following notice (or payment in lieu thereof): Period of Continuous Service Period of Notice One year or less 1 week Over one year and up to the completion of three years 2 weeks Over three years and up to the completion of five years 3 weeks Over five years 4 weeks In addition to the notice provided above, employees over 45 years of age at the time of giving notice with not less than two years continuous service shall be entitled to an additional weeks notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but and less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but and less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but and less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay Provided that an employee employed for less than twelve (12) months shall be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. A week’s pay is defined as 38 36 hours at the employees’ base rate of pay as provided in this agreement without any allowances. Nothing in this clause shall require the employer to disclose information that may harm the employer’s business undertaking or the employer’s interest in carrying on, or disposition of the business undertaking. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or less. The provisions of this clause do not apply to employee’s with less than 12 months service. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees Employees or less. An employeeEmployee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer Company will consult with employees Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employeesEmployees. An employee Employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee Employee shall not be entitled to payment in lieu of notice. The company Company shall provide employees Employees with one (1) day’s two weeks notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employeesEmployees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company Company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: Employee Collective Agreement

Redundancy / Severance. The provisions of this clause do not apply to casual employment or if the company engages15 employees or less. An employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, structural or technical changes. The employer will consult with employees likely to be effected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected employees. An employee who has received notice of termination due to redundancy may terminate their employment during the period of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such employee shall not be entitled to payment in lieu of notice. The company shall provide employees with one (1) day’s notice of redundancy or pay in lieu of such notice. In addition to the period of notice prescribed above, an employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years or more but less than 3 years 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years or more 8 weeks pay A week’s pay is defined as 38 hours at the employees’ rate of pay as provided in this agreement without any allowances. The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. The company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Appears in 1 contract

Samples: Collective Agreement

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