Common use of Suspension Without Pay Clause in Contracts

Suspension Without Pay. (a) Where a suspension arises from issues relating to the Employee’s ability to perform their duties for reasons outlined below, suspension will be without entitlement to payment for wages during that period. (i) The Employee not maintaining a satisfactory Police Check or not renewing their Police Check where it is the responsibility of the Employee to do so; (ii) The Employee not maintaining or renewing a professional registration; (iii) The Employee receiving conditions on their scope of practice that prevents them working in the position employed; or (iv) The Employee losing their driver’s license, where a driver’s license is a fundamental requirement of the position. For the avoidance of doubt, the Employer will only consider suspending an Employee without pay in instances whereby, due to the actions and/ or omissions of the Employee, the Employee is not ready, willing and able to be rostered to work, or whereby there is reasonable cause to suggest that the Employee is legally unable to work. For the avoidance of doubt, where the Employer is responsible for the payment and administrative actions taken to apply for an Employee’s Police Check, and where a delay to the processing has occurred, the Employee will continue to receive payment of their contracted hours. (b) Where an Employee has an accrued annual leave or long service leave balance available, they may request to be paid from this accrued leave balance during a period of suspension as provided under clause 14.2(a). (c) Nothing in this clause prevents the Employer from exercising their rights under the stand down provisions of the Act.