Common use of Representation of Contract Staff Clause in Contracts

Representation of Contract Staff. The Hospital recognises the Union’s limited representation of fixed term contract staff individually, not as a class. There should not be any representation on all matters relating to terms of employment contained in the individual staff’s Letter of Employment and any other prevailing terms of employment contractually agreed to between the Hospital and the individual staff. To qualify for Union representation, the fixed term contract staff (a) Must not be under the categories of staff listed in Appendix 1; (b) Must not be employed on fixed term tenure of less than one (1) year and must not be a foreigner still employed on first contract with the Hospital; (c) Must not be employed in a senior management position or perform or exercise any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees; (d) Must not perform or exercise any function, duty or power which includes decision making, or the power to substantially influence decision making on any industrial relation matters, including the employment, termination, promotion, transfer, performance appraisal or discipline of other employees; (e) Must not perform any function or duty which includes representing the employer in any negotiations relating to any industrial relation matters; (f) Must not have access to confidential information relating to the budget and finances of the employer, any industrial relation matters, the salaries and personal records of other employees or the password of employee’s computers; (g) Must not perform or exercise any other function, duty or power which may give rise to a real or potential conflict of interest if he or she is represented by the trade union.

Representation of Contract Staff. (a) The Hospital Institution recognises the Union’s limited representation of fixed term contract staff individually, not as a class, on an informal and personal basis. There should not be any representation on all matters relating to terms of employment contained in the individual staff’s Letter of Employment and any other prevailing terms of employment contractually agreed to between the Hospital Institution and the individual staff. . (b) To qualify for Union representation, the fixed term contract staff: (ai) Must must not be under the categories of staff listed in Appendix 1; (bii) Must must not be employed on fixed term tenure of less than one (1) one year and must not be a foreigner still employed on first contract with the HospitalInstitution; (ciii) Must must not be employed in a senior management position or perform or exercise any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees; (div) Must must not perform or exercise any function, duty or power which includes decision making, or the power to substantially influence decision making on any industrial relation matters, including the employment, termination, promotion, transfer, performance appraisal or discipline of other employees; (ev) Must must not perform any function or duty which includes representing the employer in any negotiations relating to any industrial relation matters; (fvi) Must must not have access to confidential information relating to the budget and finances of the employer, any industrial relation matters, the salaries and personal records of other employees or the password of employee’s computers; (gvii) Must must not perform or exercise any other function, duty or power which may give rise to a real or potential conflict of interest if he or she is represented by the trade union.

Representation of Contract Staff. The Hospital Institution recognises the Union’s limited representation of fixed term contract staff individually, (excluding re-employed staff) individually and not as a class. There should not be any representation on all matters relating to terms of employment contained other than those provided by Law and in the individual staff’s Letter of Employment and any other prevailing terms of employment contractually agreed to between the Hospital and the individual staffthis Collective Agreement. To qualify for Union representation, the fixed term contract staff (a) Must must not be under the categories of staff listed in Appendix Clause 2 part (1) except for Non-Nursing JG15, AH15 and P15 staff covered under Clause 2 part (3); (b) Must must not be employed on fixed term tenure of less than one (1) year and must not be a foreigner still employed on first contract with the HospitalInstitution; (c) Must must not be employed in a senior management position or perform or exercise any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees; (d) Must must not perform or exercise any function, duty or power which includes decision making, or the power to substantially influence decision making on any industrial relation matters, including the employment, termination, promotion, transfer, performance appraisal or discipline of other employees; (e) Must must not perform any function or duty which includes representing the employer in any negotiations relating to any industrial relation matters; (f) Must not have access to confidential information relating to the budget and finances of the employer, any industrial relation matters, the salaries and personal records of other employees or the password of employee’s computers; (g) Must must not perform or exercise any other function, duty or power which may give rise to a real or potential conflict of interest if he or she is represented by the trade union. The Institution shall provide the Union with a list of contract staff who qualify for limited representation by the Union.