Common use of SICKNESS OR INJURY Clause in Contracts

SICKNESS OR INJURY. 11.1 If unable to perform the Duties due to sickness or injury the Executive shall report this fact as soon as possible on the first working day of incapacity to an executive member of the Board, and provide, so far as practicable, an expected date of return to work. 11.2 To be eligible for sick pay under sub-clause 11.3, the Executive must supply the Company with such certification of sickness or injury as the Company may require. 11.3 If the Executive shall be absent due to sickness or injury duly certified in accordance with the Company’s requirements the Executive shall be paid full basic salary for up to 26 weeks’ absence in any period of 12 consecutive months and after that, subject to sub-clause 11.4, such remuneration, if any, as the Board shall determine from time to time. 11.4 Any remuneration paid under sub-clause 11.3 shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) which may be deducted from it. 11.5 Any outstanding or prospective entitlement to company sick pay in accordance with sub-clause 11.3, private medical insurance benefits or permanent health insurance benefits shall not prevent the Company from exercising its right to terminate the Employment in accordance with sub-clause 12.4 nor shall the Company be liable to compensate the Executive in respect of any such pay or benefit. 11.6 If the Executive’s sickness, injury or other incapacity is caused by the negligence or breach of statutory duty of a third party and the Executive shall recover any damages or other compensation from such third party for the Executive’s loss of earnings whilst incapacitated, the Executive shall repay to the Company the amount of any sick pay paid by the Company to the Executive under sub-clause 11.3 or, if less, the full amount of the damages or compensation received for loss of earnings by the Executive. 11.7 At any time during the Employment (but not normally more often than every second year), the Executive shall at the request and expense of the Company permit himself to be examined by a registered medical practitioner to be selected by the Company and shall authorised such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such examination and any matters which arise from it in order that the Company’s medical adviser can notify the Company of any matters which, in his opinion, might hinder or prevent the Executive (if during a period of incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any time. 11.8 The Company shall be entitled to rely on the reasonable opinion of any doctor engaged by the Company to examine the Executive under sub-clause 11.7 as to the Executive’s fitness for work. The Executive shall not be entitled to attend for work at any time when such doctor considers him to be unfit for work and shall not be entitled to receive any remuneration in excess of any sick pay to which he remains entitled under sub-clause 11.3 during any such period.

Appears in 2 contracts

Samples: Service Agreement (GlassHouse Technologies Inc), Service Agreement (GlassHouse Technologies Inc)

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SICKNESS OR INJURY. 11.1 If unable to perform the Duties due to sickness or injury the Executive shall report this fact as soon as possible on the first working day of incapacity to an executive member of the BoardCompany Secretary, and provide, so far as practicable, an expected date of return to work. 11.2 To be eligible for sick pay under sub-clause 11.3, the Executive must supply the Company with such certification of sickness or injury as the Company may require. 11.3 If the Executive shall be absent due to sickness or injury duly certified in accordance with the Company’s 's requirements the Executive shall be paid full basic salary for up to 26 8 weeks' absence in any period of 12 consecutive months and after that, subject to sub-clause 11.4, such remuneration, if any, as the Board Chief Executive Officer shall determine from time to time. 11.4 Any remuneration paid under sub-clause 11.3 shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) which may be deducted from it. 11.5 Any outstanding or prospective entitlement to company sick pay in accordance with sub-clause 11.3, private medical insurance benefits or permanent health insurance benefits shall not prevent the Company from exercising its right to terminate the Employment in accordance with sub-clause 12.4 nor shall the Company be liable to compensate the Executive in respect of any such pay or benefitbenefit provided that the Company shall not exercise this right where this would deprive the Executive of any permanent health insurance benefit provided under this Agreement to which he would otherwise be entitled. 11.6 If the Executive’s 's sickness, injury or other incapacity is caused by the negligence or breach of statutory duty of a third party and the Executive shall recover any damages or other compensation from such third party for the Executive’s 's loss of earnings whilst incapacitated, the Executive shall repay to the Company the amount of any sick pay paid by the Company to the Executive under sub-clause 11.3 or, if less, the full amount of the damages or compensation received for loss of earnings by the Executive. 11.7 At If at any time during the Employment (but not normally more often than every second year)Employment, in the reasonable opinion of the Board, the Executive shall is unable to perform all or part of the Duties because of sickness or injury then the Executive shall, at the request and expense of the Company permit himself Company: (a) consent to be examined an examination by a registered medical practitioner doctor to be selected by the Company and shall authorised such medical practitioner approved by the Executive; and (b) authorise this doctor to disclose to and discuss with the Company’s 's medical adviser adviser, or other nominated officer of the Company, the results of such examination and or any matters which arise from it in order that the Company’s medical adviser can notify the Company matter arising out of any matters which, in his opinion, might hinder or prevent the Executive (if during a period of incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any timethis examination. 11.8 The Company shall be entitled to rely on the reasonable opinion of any doctor engaged by the Company to examine the Executive under sub-clause 11.7 as to the Executive’s 's fitness for work. The Executive shall not be entitled to attend for work at any time when such doctor considers him to be unfit for work and shall not be entitled to receive any remuneration in excess of any sick pay to which he remains entitled under sub-clause 11.3 during any such period.

Appears in 1 contract

Samples: Service Agreement (Visible Genetics Inc)

SICKNESS OR INJURY. 11.1 If unable to perform the Duties due to sickness or injury the Executive shall report this fact as soon as possible on the first working day of incapacity to an executive member of the BoardCEO, and provide, so far as practicable, an expected date of return to work. 11.2 To be eligible for sick pay under sub-clause 11.3, the Executive must supply the Company with such certification of sickness or injury as the Company may require. 11.3 If the Executive shall be absent due to sickness or injury duly certified in accordance with the Company’s 's requirements the Executive shall be paid full basic salary for up to 26 four (4) weeks' absence in any period of 12 consecutive months and after that, subject to sub-clause 11.4, such remuneration, if any, as the Board shall determine from time to time. 11.4 Any remuneration paid under sub-clause 11.3 shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) which may be deducted from it. 11.5 Any outstanding or prospective entitlement to company Company sick pay in accordance with sub-clause 11.3, private medical insurance benefits or permanent health insurance benefits shall not prevent the Company from exercising its right to terminate the Employment in accordance with sub-clause 12.4 nor shall the Company be liable to compensate the Executive in respect of any such pay or benefit. 11.6 If the Executive’s sickness, injury or other incapacity is caused by the negligence or breach of statutory duty of a third party and the Executive shall recover any damages or other compensation from such third party for the Executive’s loss of earnings whilst incapacitated, the Executive shall repay to the Company the amount of any sick pay paid by the Company to the Executive under sub-clause 11.3 or, if less, the full amount of the damages or compensation received for loss of earnings by the Executive. 11.7 At at any time during the Employment (but not normally more often than every second year)Employment, in the reasonable opinion of the Board, the Executive shall is unable to perform all or part of the Duties because of sickness or injury then the Executive shall, at the request and expense of the Company permit himself Company: (a) consent to be examined an examination by a registered medical practitioner doctor to be selected by the Company and shall authorised such medical practitioner approved by the Executive; and (b) authorise this doctor to disclose to and discuss with the Company’s 's medical adviser adviser, or other nominated officer of the Company, the results of such examination and or any matters which arise from it in order that the Company’s medical adviser can notify the Company matter arising out of any matters which, in his opinion, might hinder or prevent the Executive (if during a period of incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any timethis examination. 11.8 11.7 The Company shall be entitled to rely on the reasonable opinion of any doctor engaged by the Company to examine the Executive under sub-clause 11.7 as to the Executive’s 's fitness for work. The Executive shall not be entitled to attend for work at any time when such doctor considers him to be unfit for work and shall not be entitled to receive any remuneration in excess of any sick pay to which he remains entitled under sub-clause 11.3 during any such period.

Appears in 1 contract

Samples: Service Agreement (Jamdat Mobile Inc)

SICKNESS OR INJURY. 11.1 If the Executive is unable to perform the his Duties due to sickness or injury the Executive he shall report this fact as soon as possible and, if practicable, by 10 am on the first working day of incapacity to an executive member of the Board, Company Secretary and provide, so far as practicable, an expected date of return to work. 11.2 To be eligible The Executive shall: (a) if absent for sick pay under sub7 days, on his return to work complete a self-clause 11.3certification form detailing the reason for his absence; and (b) if absent for 7 or more consecutive days, and for shorter absence if so required, produce a doctor’s certificate on the Executive must supply eighth day and weekly after that so that the Company with such certification whole period of sickness or injury as the Company may requireabsence is covered by these certificates. 11.3 If the Executive shall be Employee is absent due to sickness or injury duly certified in accordance with the Company’s requirements the Executive provisions of sub-clause 11.2, he shall be paid entitled to receive 6 weeks’ full basic salary for up to 26 weeks’ absence in any one period of 12 consecutive months and after that, subject running from 1 January to sub-clause 11.4, such remuneration, if any, as the Board shall determine from time to time31 December. 11.4 Any remuneration paid under sub-clause 11.3 shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) which may be deducted from it. 11.5 Any outstanding or prospective entitlement to company Company sick pay in accordance with sub-clause 11.3, private medical insurance benefits or permanent health insurance benefits 11.3 shall not prevent the Company from exercising its right to terminate the Employment employment in accordance with sub-clause 12.4 3 nor shall the Company be liable to compensate the Executive in respect of any such pay or benefit. 11.6 If the Executive’s sicknessillness, injury accident or other incapacity is caused by the negligence or breach of statutory duty of a the third party and the Executive shall recover any damages or other compensation from such third party for the Executive’s loss of earnings whilst incapacitated, the Executive shall repay to the Company company and the amount of any sick pay paid by the Company company to the Executive under sub-clause 11.3 or, if less, the full amount of the damages or compensation received for loss of earnings by the Executive. 11.7 At any time during the Employment (but not normally more often than every second year)period of his Employment, the Executive shall shall, at the request and expense of the Company permit himself company: (a) consent to be examined an examination by a registered medical practitioner doctor to be selected by the Company and shall authorised such medical practitioner Company; and (b) authorise this doctor to disclose to and discuss with the Company’s medical adviser adviser, or other nominated officer of the Company, the results of such examination and or any matters which arise matter arising out from it in order that the Company’s medical adviser can notify the Company of any matters which, in his opinion, might hinder or prevent the Executive (if during a period of incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any timethis examination. 11.8 The Company shall be entitled to rely on the reasonable opinion of any doctor engaged by the Company to examine the Executive under sub-clause 11.7 as to the Executive’s fitness for work. The Executive shall not be entitled to attend for work at any time when such doctor considers him to be unfit for work and shall not be entitled to receive any remuneration in excess of any sick pay to which he remains entitled under sub-clause 11.3 during any such period.

Appears in 1 contract

Samples: Service Agreement (Inverness Medical Innovations Inc)

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SICKNESS OR INJURY. 11.1 If unable to perform the Duties due to sickness or injury the Executive shall report this fact as soon as possible on the first working day of incapacity to an executive member of the BoardCompany Secretary, and provide, so far as practicable, an expected date of return to work. 11.2 To be eligible for sick pay under sub-clause 11.3, the Executive must supply the Company with such certification of sickness or injury as the Company may require. 11.3 If the Executive shall be absent due to sickness or injury duly certified in accordance with the Company’s 's requirements the Executive shall be paid full basic salary for up to 26 weeks’ 20 days absence in any period of 12 consecutive months and after that, subject to sub-clause 11.4, such remuneration, if any, as the Board CEO shall determine from time to time. 11.4 Any remuneration paid under sub-clause 11.3 shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) which may be deducted from it. 11.5 Any outstanding or prospective entitlement to company sick pay in accordance with sub-clause 11.3, private medical insurance benefits or permanent health insurance benefits shall not prevent the Company from exercising its right to terminate the Employment in accordance with sub-clause 12.4 nor shall the Company be liable to compensate the Executive in respect of any such pay or benefit. 11.6 If the Executive’s 's sickness, injury or other incapacity is caused by the negligence or breach of statutory duty of a third party and the Executive shall recover any damages or other compensation from such third party for the Executive’s 's loss of earnings whilst incapacitated, the Executive shall repay to the Company the amount of any sick pay paid by the Company to the Executive under sub-clause 11.3 or, if less, the full amount of the damages or compensation received for loss of earnings by the Executive. 11.7 At If at any time during the Employment (but not normally more often than every second year)Employment, in the reasonable opinion of the CEO, the Executive shall is unable to perform all or part of the Duties because of sickness or injury then the Executive shall, at the request and expense of the Company permit himself Company: (a) consent to be examined an examination by a registered medical practitioner doctor to be selected by the Company and shall authorised such medical practitioner Company; and (b) authorise this doctor to disclose to and discuss with the Company’s 's medical adviser adviser, or other nominated officer of the Company, the results of such examination and or any matters which arise from it in order that the Company’s medical adviser can notify the Company matter arising out of any matters which, in his opinion, might hinder or prevent the Executive (if during a period of incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any timethis examination. 11.8 The Company shall be entitled to rely on the reasonable opinion of any doctor engaged by the Company to examine the Executive under sub-clause 11.7 as to the Executive’s 's fitness for work. The Executive shall not be entitled to attend for work at any time when such doctor considers him to be unfit for work and shall not be entitled to receive any remuneration in excess of any sick pay to which he remains entitled under sub-clause 11.3 during any such period.

Appears in 1 contract

Samples: Service Agreement (Loudeye Corp)

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