Common use of Termination Due to Incapacity Clause in Contracts

Termination Due to Incapacity. 11.3.6.1 If, in the opinion of the School, an employee, who by reason of physical or mental incapacity, is not or would not be able to: a) perform adequately the work genuinely and reasonably required for the employment or position in question; b) perform the work without endangering him or herself or other persons; OR c) respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question; AND d) where a medical practitioner confirms that the incapacity is of a permanent nature, THEN the School may terminate the employee’s employment. 11.3.6.2 An employee who fulfils the above provisions must, upon the request of the School, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. 11.3.6.3 An employee is entitled to use all sick leave credit before termination of employment under this clause.

Termination Due to Incapacity. 11.3.6.1 7.6.3.1 If, in the opinion of the School, an employee, who by reason of physical or mental incapacity, is not or would not be able to: a) perform adequately the work genuinely and reasonably required for the employment or position in question; b) perform the work without endangering him or herself or other persons; OR c) respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question; AND d) where a medical practitioner confirms that the incapacity is of a permanent nature, ; THEN the School may terminate the employee’s employment. 11.3.6.2 7.6.3.2 An employee who fulfils the above provisions must, upon the request of the School, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. 11.3.6.3 7.6.3.3 An employee is entitled to use all sick leave credit before termination of employment retirement under this clause.