Common use of Right to Revert Clause in Contracts

Right to Revert. (i) An employee who has returned on a part time or modified basis in accordance with subclause (41)(d) of this clause may subsequently request the Employer to permit the employee to resume working on the same basis as the employee worked immediately before starting parental leave or full time work at the same classification level. (ii) The Employer is to agree to a request to revert made under subclause (41)(e)(i) of this clause unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the Employer and those grounds would satisfy a reasonable person. (iii) An Employer is to give the employee written notice of the Employer’s decision on a request to revert under subclause (41)(e)(i) of this clause. If the request is refused, the notice is to set out the reasons for the refusal. (iv) An employee who believes their request to revert under subclause (41)(e)(i) of this clause has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Employer to demonstrate that the refusal was justified in the circumstances.

Right to Revert. (ia) An employee Employee who has returned on a part part-time or modified basis in accordance with subclause (41)(d) of this clause 32.49 may subsequently request the Employer to permit the employee Employee to resume working on the same basis as the employee Employee worked immediately before starting parental leave or full full- time work at the same classification level. (iib) The An Employer is to agree to a request to revert made under subclause clause 32.50 (41)(e)(ia) of this clause unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the Employer and those grounds would satisfy a reasonable person. (iiic) An Employer is to give the employee Employee written notice of the Employer’s decision on a request to revert under subclause clause 32.50 (41)(e)(i) of this clausea). If the request is refused, the notice is to set out the reasons for the refusal. (ivd) An employee Employee who believes their request to revert under subclause clause (41)(e)(ia) of this clause has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Employer to demonstrate that the refusal was justified in the circumstances.