Common use of Reinstatement of Employees Clause in Contracts

Reinstatement of Employees. UPON RETURN FROM INDUSTRIAL ACCIDENT 23.01 An employee injured in the performance of his duties may resume his regular work if he applies and if work is available, provided he first provides the Employer with a medical certificate from a duly qualified medical practitioner indicating he is fit to resume his regular work. The job of an injured worker shall be deemed to be available if upon his appli- cation to return, any work within his classification on any project under this Agreement is being performed by an employee who, subsequent to the time of the injury, was hired by the Employer or transferred or otherwise assigned to perform any work within the said classification on any proj- ect of the Employer covered by this Agreement. An employee who claims he has been denied employment contrary to this provision may have recourse to the grievance and arbitration procedures as set out in Articles 17 and 18 of the Agreement. 23.02 The above shall not apply if the injury is attributable to the will- ful neglect or misconduct of the employee.