Common use of Termination for Incapacity Clause in Contracts

Termination for Incapacity. 27.3.1 Your employment may be terminated by the employer by giving such notice as is appropriate in the circumstances, if, in the view of the employer, you are incapable of the proper performance of your duties as a result of your medical condition. Before the employer takes any termination action relating to your incapacity, you will undergo a medical examination by a registered medical practitioner (determined after consultation with you) nominated by the employer and at the expense of the employer. The employer will take account of any resulting report or advice from its own and/or your medical practitioner before making a termination decision 27.3.2 If your employment is terminated for incapacity you will be paid: Under 10 years 131 days’ pay 10 years and over 261 days’ pay Remaining sick leave entitlement will be added to the lump sum. Retirement leave is not payable. 27.3.3 Clause 27.3.2 does not apply to members of The New Zealand Locomotive Engineers Sickness, Accident and Death Benefit Fund. The following applies instead: if your employment is terminated for incapacity you will be entitled to retiring leave in accordance with the scale set out in the Retirement Leave Schedule to this agreement, with a minimum of 65 days. Remaining sick leave entitlement will be added to that leave. If the amount payable under this clause (after tax) plus the amount payable by the fund is less than the amount payable under clause 27.3.2 (after tax) then the payments will be supplemented to the equivalent of clause 27.3.2 (after tax).

Termination for Incapacity. 27.3.1 Your employment may be terminated by the employer by giving such notice as is appropriate in the circumstances, if, in the view of the employer, you are incapable of the proper performance of your duties as a result of your medical condition. Before the employer takes any termination action relating to your incapacity, you will undergo a medical examination by a registered medical practitioner (determined after consultation with you) nominated by the employer and at the expense of the employer. The employer will take account of any resulting report or advice from its own and/or your medical practitioner before making a termination decision 27.3.2 If your employment is terminated for incapacity you will be paid: Under 10 years 131 days’ days pay 10 years and over 261 days’ days pay Remaining sick leave entitlement will be added to the lump sum. Retirement leave is not payable. 27.3.3 Clause 27.3.2 does not apply to members of The New Zealand Locomotive Engineers Sickness, Accident and Death Benefit Fund. The following applies instead: if your employment is terminated for incapacity you will be entitled to retiring leave in accordance with the scale set out in the Retirement Leave Schedule to this agreement, with a minimum of 65 days. Remaining sick leave entitlement will be added to that leave. If the amount payable under this clause (after tax) plus the amount payable by the fund is less than the amount payable under clause 27.3.2 (after tax) then the payments will be supplemented to the equivalent of clause 27.3.2 (after tax).

Termination for Incapacity. 27.3.1 Your employment may be terminated by the employer by giving such notice as is appropriate in the circumstances, if, in the view of the employer, you are incapable of the proper performance of your duties as a result of your medical condition. Before the employer takes any termination action relating to your incapacity, you will undergo a medical examination by a registered medical practitioner (determined after consultation with you) nominated by the employer and at the expense of the employer. The employer will take account of any resulting report or advice from its own and/or your medical practitioner before making a termination decision 27.3.2 If your employment is terminated for incapacity you will be paid: Under 10 years 131 days’ days‟ pay 10 years and over 261 days’ days‟ pay Remaining sick leave entitlement will be added to the lump sum. Retirement leave is not payable. 27.3.3 Clause 27.3.2 does not apply to members of The New Zealand Locomotive Engineers Sickness, Accident and Death Benefit Fund. The following applies instead: if your employment is terminated for incapacity you will be entitled to retiring leave in accordance with the scale set out in the Retirement Leave Schedule to this agreement, with a minimum of 65 days. Remaining sick leave entitlement will be added to that leave. If the amount payable under this clause (after tax) plus the amount payable by the fund is less than the amount payable under clause 27.3.2 (after tax) then the payments will be supplemented to the equivalent of clause 27.3.2 (after tax).