TERMINATION OF EMPLOYMENT WITHOUT NOTICE. (Summary Dismissal)
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. Under extentuating circumstances and in accordance with Clause 337 of the Code of Obligations, this contract of employment may be terminated without notice by both parties.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. The Employer may terminate employment without notice in cases of gross or wilful misconduct. In these circumstances the Employee does not have an entitlement to payment in lieu of notice.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. TBS may at any time terminate any employee’s employment, without payment and effective immediately, if in TBS’s reasonable opinion, the employee commits an act or omission amounting to serious misconduct, including but not limited to: committing theft, fraud or assault in connection with the employee’s employment; being intoxicated at work, as defined in regulation 1.07 of the Regulations; being charged with any serious criminal offence which results in them failing the requirement to satisfactorily pass employment screening requirements as set out in clause 17.1 in circumstances which prevent the employee performing the inherent requirements of their role; failing or refusing to comply with any lawful and reasonable direction given to the employee by TBS that is consistent with the employee’s contract of employment; engaging in conduct causing a serious and imminent risk to the health and/or safety of the employee or others while at work; engaging in conduct causing risk to the reputation, business, or viability of TBS; or otherwise engaging in conduct which is inconsistent with the continuation of the employee’s employment with TBS. TBS may suspend an employee with pay while investigating any matter that TBS reasonably believes could lead to TBS exercising its rights to terminate the employee’s employment or taking other disciplinary action.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. Notwithstanding any other provision of this agreement the Company shall (without prejudice to the other rights and remedies of the Company) be entitled to terminate your employment without notice and without pay in lieu of notice in appropriate circumstances including where you:
(a) commit any serious or persistent breach of your obligations under this agreement; or
(b) refuse or neglect to comply with any lawful order or direction given by the Company; or
(c) refuse or neglect to comply or give the Company reasonable grounds for believing you have refused or neglected to comply with the Company's policies on sexual harassment and drink and drugs;
(d) are guilty or the Company has reasonable grounds to believe you are guilty of any gross negligence, default or misconduct in connection with or affecting the business of the Company or any Group company; or
(e) conduct yourself in a manner prejudicial to the Company or any Group company; or
(f) are convicted of an offense or give the Company reasonable grounds for believing you are guilty of an offense (other than an offense which in the opinion of the Company does not affect your position within the Company); or
(g) become of unsound mind pursuant to any statute relating to mental health. You shall have no claim against the Company for damages by reason of termination of your employment by the Company in accordance with these Sub clauses.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. 4.5.1 The Company may terminate an Employee’s employment at any time with immediate effect, and without providing the Employee with any notice of termination or payment in lieu of notice, if the Employee commits an act of serious misconduct.
4.5.2 Serious misconduct includes, but is not limited to:
(a) willful or deliberate behavior by the Employee that is inconsistent with the continuation of the Employee’s contract of employment; and
(b) conduct that causes imminent, and serious, risk to:
(i) the health, or safety, of a person; or
(ii) the reputation, viability or profitability of the Company’s business.
(a) the Employee engaging in the following during the course of his/her employment;
(i) theft; or
(ii) fraud; or
(iii) assault; or
(iv) wilfully damaging the property or equipment of the Company or any other person;
(v) harassment.
(b) being intoxicated at work; or
(c) refusing to carry out a lawful and reasonable instruction that is consistent with the Employee’s contract of employment.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. SUMMARY DISMISSAL
25.1. Maari Ma may end the employment of an Employee without notice or warning when it has reasonable grounds to believe that the Employee is guilty of serious misconduct.
25.2. In all circumstances the conduct must be investigated using the principles of procedural fairness by the Human Resources Coordinator or other such person deemed appropriate by the CEO.
25.3. Any actions or behaviours must be referred to as "suspected misconduct" until a decision is made.
25.4. The type of conduct that may end with summary dismissal without notice after investigation includes but is not limited to:
(a) Being intoxicated or under the influence of illegal drugs whilst at work.
(b) Stealing, fraud, assault or other criminal behaviour.
(c) Wilful or deliberate behaviour by the Employee that is inconsistent with the continuation of the employment contract.
(d) Xxxxxxxx in a manner that causes imminent and serious risk to a person’s health or safety or the reputation of Maari Ma.
(e) Professional misconduct in relation to medical, nursing or allied health activity.
(f) Refusing to carry out a lawful and reasonable instruction that is consistent with the employment contract.
25.5. Maari Ma is not required to implement a performance management process or consultation in matters that are identified as gross or serious misconduct. In such cases, wages will only be paid up to the time of dismissal.
25.6. During the investigation of any of the above matters (or identified matter) Maari Ma may choose to suspend the Employee from the workplace (duty) with pay, if deemed necessary, until such time the matter is resolved by either reinstatement or termination of employment.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. Notwithstanding any other provision of this Agreement the Company shall (without prejudice to its other rights and remedies) be entitled to terminate your employment without notice and without pay in lieu of notice in appropriate circumstances including where you:
(a) commit any serious or persistent breach of your obligations under this Agreement; or
(b) refuse or neglect to comply with any lawful order or direction given by the Company; or
(c) are guilty or the Company has reasonable grounds to believe you are guilty of any gross negligence, default or misconduct in connection with or affecting the business of the Company or any of the Company's subsidiaries or related companies; or
(d) conduct yourself in a manner prejudicial to the Company or any of the Company's subsidiaries or related companies; or
(e) are convicted of an offence or give the Company reasonable grounds for believing you are guilty of an offense (other than an offense which in the opinion of the Company does not affect your position within the Company); or
(f) become of unsound mind, are made bankrupt or have a receiving order made against you or make any general composition with your creditors or take advantage of any statute for the time being in force affording relief for insolvent debtors; or
(g) are guilty or give the Company reasonable grounds for believing you are guilty of abusing drugs or other narcotics at any time or alcohol during working hours or where abuse of alcohol (whenever occurring) impacts on your working day; or
(h) are no longer authorized or permitted to carry out your duties by reason of your immigration status. You shall have no claim against the Company for damages or otherwise by reason of termination of your employment by the Company in accordance with this Section 20.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. 12.1. The Employer may terminate an Employee’s employment at any time and with immediate effect, and without providing the Employee with any notice of termination or payment in lieu of notice, if the Employee commits an act of serious misconduct.
12.2. Serious misconduct includes but is not limited to:
(a) wilful or deliberate behaviour by the Employee that is inconsistent with the continuation of the Employee’s contract of employment; and
(b) conduct that causes a serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of the Employer’s business.
12.3. Conduct that includes serious misconduct includes:
(a) the Employee engaging in the following during the course of his / her employment:
(i) theft; or
(ii) fraud; or
(iii) assault;
(iv) sexual harassment;
(b) the Employee being intoxicated at work; or
(c) the Employee refusing to carry out a lawful or reasonable instruction that is consistent with the Employee’s contract of employment.
TERMINATION OF EMPLOYMENT WITHOUT NOTICE. Notwithstanding any of the other provisions to the contrary in this Agreement, the Employer may terminate the employment for Cause at any time without notice to the Employee. All amounts due to the employee under this Agreement through the termination date, including but not limited to, those amounts payable under Sections 4.3, 8.1, 8.7, 9.3 and 20.2 will become due and payable immediately on termination of employment in accordance with this clause.
