Common use of Termination of Employment Clause in Contracts

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 25 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Termination of Employment. (a) Any termination of the Executive’s employment by the Company at any time during the Term or at any time after the Change in Control Date, or by the Executive within 12 months following the Change in Control Date (other than due to the death of the Executive) shall be communicated by a written notice to the other party hereto (the “Notice of termination shall be Termination”), given in accordance with Section 661 6.2. Any Notice of the Act. bTermination shall: (i) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply indicate (in the case of dismissal a termination by the Company) whether such termination is for conduct that justifies serious misconduct Cause and (in the case of a termination by the Executive within 12 months following the Change in Control Date) whether such termination is for Good Reason, (ii) to the extent applicable, set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment for Cause or for Good Reason and (iii) specify the Date of Termination (as defined in Regulation 12.10 below). The effective date of an employment termination (the Workplace Relations Regulations 2006. f“Date of Termination”) The notice of termination required to be given by employees shall be the same as that required close of business on the Company. If an employee fails to give date specified in the requisite notice Notice of Termination (which date may not be less than 15 days or more than 120 days after the Company shall have date of delivery of such Notice of Termination), in the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) case of a termination other than one due to the employee on terminationExecutive’s death, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration Executive’s death, as the case may be. (b) The failure by the Executive or the Company to set forth in the Notice of such notice. Any employee who, having given Termination any fact or been given such notice is absent from work without reasonable cause during such period shall be deemed circumstance which contributes to have abandoned employment and a showing of Good Reason or Cause shall not be entitled to payment waive any right of the Executive or the Company, respectively, hereunder or preclude the Executive or the Company, respectively, from asserting any such fact or circumstance in enforcing the Executive’s or the Company’s rights hereunder. (c) Any Notice of Termination for work done within that period. Nothing in this clause shall prevent Cause given by the Company making payment in lieu must be given within 90 days of noticethe occurrence of the event(s) or circumstance(s) that constitute(s) Cause. (d) Any Notice of Termination for Good Reason given by the Executive must be given within 90 days of the occurrence of the event(s) or circumstance(s) that constitute(s) Good Reason.

Appears in 23 contracts

Samples: Executive Severance Agreement (American Superconductor Corp /De/), Executive Severance Agreement (American Superconductor Corp /De/), Executive Severance Agreement (American Superconductor Corp /De/)

Termination of Employment. a) Notice A permanent Employee may terminate their employment by a weeks’ notice or by the forfeiture of termination shall a week’s wages. Casual employment may be in accordance with Section 661 of the Actterminated by eight hours’ notice on either side. b) The In the event of redundancy or dismissal of a permanent Employee (with the exception of a fixed term/project Employee, a casual Employee, or an Employee terminated for serious misconduct) the Company shall give each employee Employee a minimum period of notice consistent with the table belowfollowing table: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee Employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee Employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006misconduct. f) The notice of termination required to be given by employees Employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticeone week. g) Where an employee Employee has given or been given notice of termination of employment he or employment, he/she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. h) Where the Company has given notice of termination to an Employee, the Employee shall be allowed up to one day’s paid time off during the notice period with pay to seek other employment. i) Except for casuals, where the Company terminates the employment of an Employee, except by reason of the misconduct of the Employee within 10 days prior to a public holiday or group of holidays, the Employee shall be paid for that holiday or group of holidays, provided that they have been employed for a period of at least one week prior to the termination of employment. Provided further, where an Employee is re-employed within a period of one month of the termination of employment, the Employee shall be paid for all holidays occurring within the period between the termination of service and re-employment. j) When any two or more of the holidays prescribed in this Agreement occur within one week of one another, such holidays shall, for the purposes of this Part, be deemed a group of holidays.

Appears in 6 contracts

Samples: Enterprise Agreement, Construction Agreement, Construction Agreement

Termination of Employment. aParticipant shall forfeit any unvested Award, including any accrued dividend equivalents, upon termination of employment unless such termination is (i) Notice due to a Qualified Termination of Employment, or (ii) due to death, Total and Permanent Disability, or the shutdown or divestiture of a business unit. An authorized leave of absence shall not be deemed to be a termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made employment if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period such leave does not exceed six months, or if longer, so long as the Participant retains a right to reemployment with the Corporation or an Affiliate under an applicable statute or by contract. For purposes of notice in this clause shall not apply in subparagraph, a leave of absence constitutes a bona fide leave of absence only if there is a reasonable expectation that the case of dismissal Participant will return to perform services for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the CompanyCorporation or an Affiliate. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where leave exceeds six months and the Participant does not retain a right to reemployment under an employee has given applicable statute or been given notice by contract, the employment relationship is deemed to terminate on the first date immediately following such six-month period. Notwithstanding the foregoing, where a leave of absence is due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, where such impairment causes the Participant to be unable to perform the duties of his or her position of employment or any substantially similar position of employment, a 29-month period of absence is substituted for such six-month period in determining whether a termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned occurred. A termination of employment and with the Corporation or an Affiliate to accept immediate reemployment with the Corporation or an Affiliate likewise shall not be entitled deemed to payment be a termination of employment if the level of bona fide services the Participant would perform after such date would permanently decrease to no more than 20 percent of the average level of bona fide services performed over the immediately preceding 36-month period (or the full period of services to the Corporation or an Affiliate if the Participant has been providing such services less than 36 months). A Participant who is classified as an intermittent employee shall be deemed to have a termination of employment for work done within that period. Nothing in this clause shall prevent purposes of the Company making payment in lieu Plan if the level of noticebona fide services the Participant would perform after such date would permanently decrease to less than 50 percent of the average level of bona fide services performed over the immediately preceding 36-month period (or the full period of services to the Corporation or an Affiliate if the Participant has been providing such services less than 36 months).

Appears in 5 contracts

Samples: Nonqualified Stock Option Award Agreement (Kimberly Clark Corp), Nonqualified Stock Option Award Agreement (Kimberly Clark Corp), Nonqualified Stock Option Award Agreement (Kimberly Clark Corp)

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 If the Grantee’s Employment is terminated for any reason other than due to his death, Disability, Retirement or for Cause, any non-vested portion of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age Option at the time of such termination shall automatically expire and has a period of continuous service with terminate and no further vesting shall occur after the company in excess of two years, termination date. If the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required Grantee ceases to be given employed by employees shall be the same as that required Company, or a parent or subsidiary of the Company. If an employee fails , and prior to give such cessation the requisite notice Grantee was so employed at all times from the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period date of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue this grant in employment this Agreement until the date of the expiration cessation of Employment, then the Grantee shall be entitled to exercise his rights only with respect to the portion of the Option that was vested as of the termination date for a period that shall end on the earlier of (i) the Expiration Date set forth in this Agreement with respect to the vested portion of such noticeOption or (ii) the date that occurs ninety (90) calendar days after his termination date. Any employee whoNotwithstanding anything herein to the contrary, having given the Grantee may exercise the Option as to all of the Shares subject to the Option (to the extent the Grantee is entitled to do so with respect to the portion of the Option that is vested at the date Grantee ceases employment with the Company or been given such notice a parent or subsidiary corporation of the Company) on or before three years after the date Grantee ceases employment with the Company or a parent or subsidiary corporation of the Company if Grantee’s employment with the Company or a parent or subsidiary corporation of the Company is absent from work without reasonable cause during such period terminated at any time other than within one (1) year after that date a Change of Control of the Company shall be deemed to have abandoned employment and occurred for any reason other than (i) voluntary resignation or retirement, (ii) death or Disability, or (iii) Cause. A Grantee’s Employment shall not be entitled deemed to payment have been terminated if a Grantee who is an Employee becomes a Consultant or Outside Director immediately upon his termination of employment with the Company, or if a Grantee’s status otherwise changes between or among Employee, Consultant or Outside Director without a gap in service for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu any such capacity. All determinations regarding whether and when there has been a termination of noticeEmployment shall be made by the Committee. Notwithstanding the foregoing, the Committee may, in its sole discretion, extend for a reasonable period the time in which a Grantee may exercise the Option after termination of employment, not to extend beyond the Expiration Date.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Grey Wolf Inc), Non Qualified Stock Option Agreement (Grey Wolf Inc), Non Qualified Stock Option Agreement (Grey Wolf Inc)

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply 18.01 Except in the case of dismissal for conduct just cause, thirty (30) calendar days notice, in writing, shall be given to permanent or probationary employees whose services are to be terminated. If such notice is not given, the employee shall be paid for the number of days by which the period of notice was reduced. 18.02 Except in the case of dismissal for just cause, ten (10) calendar days notice, in writing, will be given to temporary, part-time and seasonal employees whose services are to be terminated, provided that justifies serious misconduct such employees are not hired for a specified time period. If such notice is not given, the employee shall be paid for the number of days by which the period of notice was reduced. 18.03 Permanent and probationary employees shall give the Superintendent thirty (30) calendar days written notice, and seasonal, temporary and part-time employees shall give ten (10) calendar days written notice of intention to terminate employment. 18.04 Annual leave shall not be used as defined in Regulation 12.10 any part of the Workplace Relations Regulations 2006period of the stipulated notices referred to in this Article unless mutually agreed between the parties hereto. f) 18.05 The period of notice may be reduced or eliminated by mutual agreement. 18.06 Subject to 18.07, upon termination of service, an employee shall receive pay for all his earned current and accrued leave not taken by him prior to the date of termination required of his services plus pay for his accumulated annual leave up to a maximum of twenty-five (25) days not taken by him prior to the date of termination of his services, provided, however, that any indebtedness to the Employer may be given by employees shall be the same as that required of the Company. If deducted from such payment. 18.07 Where an employee fails to give notice as stipulated in Clause 18.03, the requisite notice the Company shall have Employer reserves the right to withhold wages and/or entitlements (excluding payment for any annual leave payable upon termination) due to leave, provided that in no case shall the employee on termination, with a maximum amount equal to the equivalent pay for penalty exceed the period of notice. g) Where 18.08 When an employee has is to be pensioned for health reasons, he/she shall be given or been notice in accordance with this Article. 18.09 Permanent employees whose positions are declared redundant, and who are unable to be placed in other employment shall be given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment pay in lieu of notice. The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment, as per Schedule C. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are re-employed with any Employer covered by the coalition negotiations (see Schedule D), shall be required to pay back part of any severance pay/pay in lieu of notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee and/or the amount paid to a financial institution on behalf of an employee.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Termination of Employment. a) Notice 37.1 Except in the case of termination shall be in accordance with Section 661 of casual and probationary employees, either party may terminate employment at any time by giving the Act. b) The Company shall give each employee a minimum other party the required period of notice consistent with specified below. Instead of providing the table below: Period specified notice the employer may choose to make payment in lieu of Continuous Service Period of Notice Up notice. 37.2 Nothing in this agreement affects the employer’s right to dismiss an employee without notice for serious misconduct and if so dismissed shall only be entitled to be paid for the completion of 1 year 1 week 1 year and time worked up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination dismissal and has a period of continuous service with the company in excess of two years, the any entitlements accrued to such time. 37.3 An employee on probation shall be entitled to one day’s notice of termination. 37.4 The notice of termination period by the employer shall be: Years of Service Required Notice Number of Weeks Not more than 1 year At least 1 week More than 1 year but less than 3 years At least 2 weeks More than 1 year but less than 5 years At least 3 weeks More than 5 years At least 4 weeks 37.5 The notice of termination period by the employee shall be two weeks notice in writing or such other period as agreed by the parties. 37.6 An employee aged 45 years or over who has completed at least two years continuous service with the employer will receive one additional week’s notice in addition to that prescribed abovenotice. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) 37.7 The notice of termination required to be given by employees shall be the Employee is the same as that required of the Company. If Employer, save and except that there is no requirement on the Employee to give additional notice based on the age of the Employee concerned. 37.8 Upon the termination of the services of an employee fails to give the requisite notice the Company employer shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to furnish the employee on termination, with a maximum amount equal to written statement, surely signed by or on behalf of the equivalent pay for employer, setting out the period of noticethe employment and the capacity in which the employee was employed. g) Where 37.9 Except for misconduct justifying summary dismissal, the services of an employee has shall be terminated only by the notice requirements set out in subclauses 37.4 and 37.5 of this clause. 37.10 Prior to reaching any decision to terminate the employment of an employee on grounds other than would justify summary dismissal, the employer will use their best endeavours to: (1) inform the employee that the termination of their employment is being considered; (2) advise the employee of the reasons for termination; and (3) provide the employee with an opportunity to show cause why their employment should not be terminated. 37.11 An employee shall be given or been reasonable time to respond, and shall be provided with details of any relevant material. An employee who wishes may choose to be represented during this process. 37.12 No employee shall, without the consent of the employer, resign without having given fourteen days notice of termination intention to do so or forfeiture of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment salary in lieu of notice.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails falls to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 by employer (i) In order to terminate the employment of a full time or part time employee the Act. b) The Company shall employer will give each to the employee a minimum the period of notice consistent with specified in the table below: Period of Continuous Service continuous service Period of Notice Up to the completion of 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over of completed service 4 weeks c(ii) Where an employee is In addition to this notice, employees over 45 years of age at the time of termination and has a period the giving of the notice with not less than 2 years’ continuous service with the company in excess of two years, the employee shall be are entitled to one an additional week’s notice in addition to that prescribed above's notice. d(iii) Payment in lieu of the notice prescribed above shall will be made if the appropriate notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice specified and part notice. (iv) In calculating any payment in lieu thereofof notice, an employee will be paid the wages they would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated. e(v) The period of notice in this clause shall will not apply in the case of dismissal for conduct that justifies serious instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct as defined and in Regulation 12.10 the case of the Workplace Relations Regulations 2006casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks. f(vi) Notwithstanding the foregoing provisions, trainees who are engaged for a specific period of time will, once the traineeship is completed and provided that the trainees' services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within 6 months of such termination, the period of traineeship will be counted as service in determining any future termination. (b) Notice of termination by an employee (i) The notice of termination required to be given by employees shall be an employee is the same as that required of the Company. employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. (ii) If an employee fails to give the requisite notice the Company shall have employer has the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) monies due to the employee on termination, with to a maximum amount equal to the equivalent ordinary time rate of pay for the period of notice. g(c) Time off during notice period Where an employee the employer has given or been given notice of termination to an employee, an employee will be allowed up to 1 day's time off without loss of employment he or she shall continue in employment until pay for the date purpose of seeking other employment. The time off will be taken at times that are convenient to the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent after consultation with the Company making payment in lieu of noticeemployer.

Appears in 3 contracts

Samples: Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement

Termination of Employment. a12.1 Without prejudice to any remedy the Company may have against the Executive for any breach or non-performance of this Agreement, the Executive’s employment may be terminated at any time effective immediately by the Company without previous notice and without payment in lieu of notice for cause which, for the purposes of this agreement shall include but not be limited to: (i) Notice of termination shall be dishonesty in accordance with Section 661 the course of the Actdischarge of his duties as an employee; (ii) gross negligence or repetitive negligence committed without regard to corrective direction in the course of the discharge of his duties as an employee; (iii) conviction of any criminal offence other than an offence which, in the reasonable opinion of the Company does not affect the reputation of the Company or the Executive’s position as a representative of the Company; (iv) bankruptcy or insolvency of the Executive; (v) excessive and unreasonable absences from his duties for any reason other than authorized vacation or sick leave. b(vi) material breaches of the Company’s policies and procedures. 12.2 The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee Executive shall be entitled to one week’s terminate his employment with the Company, at will, at any time by giving notice in addition writing to that prescribed abovethe Company of not less than eight weeks unless otherwise agreed to in writing by the parties. In the event the Executive terminates his employment with the Company, he shall be entitled to receive an amount equal to his total accumulated vacation pay. d) Payment in lieu 12.3 The Company may terminate the employment of the notice prescribed above Executive at will and without cause at any time, including following a Change of Control, upon payment to the Executive of his Base Salary owing up to the date of termination and a severance payment as outlined in Paragraph 12.4 below and upon payment to the Executive of all compensation owing up to the date of termination. 12.4 The amount of severance provided under paragraph 12.3 shall be calculated as follows: An amount equal to eighteen (18) months basic salary. The severance payment shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment either in lieu thereof. ea lump sum within five (5) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until working days from the date of termination, or at the expiration Executive’s option, to be paid in intervals as mutually agreed to in writing by the Executive and the Company within five (5) working days from the date of such noticetermination. Any employee who, having given or been given such notice is absent The Company shall maintain the Executive and his dependents on the Company Employee Benefit Program during the currency of the eighteen (18) month severance period from work without reasonable cause during such period the date of termination. Such benefits shall be deemed discontinued should the Executive be eligible to have abandoned employment participate in a benefit program sponsored by a subsequent employer. The Executive acknowledges and agrees that he shall not be entitled to payment for work done within that periodany other severance or termination package in connection with his employment whatsoever. Nothing In the event the Executive is terminated in accordance with this Section 12.3, the Company shall also pay to him an amount equal to his total accumulated vacation. All stock options granted to the Executive shall continue to vest during the eighteen (18) month period defined in this clause section 12.4 and the Executive shall prevent have a period of sixty (60) days from the expiration of the eighteen month period in which to exercise vested share purchase options. 12.5 In the event that at the date of termination of employment the Executive has earned but not been paid portions of any Incentive, the Company making shall, after termination continue to pay out, on a pro ratio basis to the date of termination, any bonus owing at the applicable time in accordance with any Incentive Program. 12.6 The Executive will not be required to mitigate the amount of any payment in lieu provided under this Section 12 or any damages resulting from a failure of noticethe Company to make any such payment by seeking other employment, or otherwise, nor shall the amount of any payment under this Section 12 be reduced by any compensation earned by the Executive from employment or self employment.

Appears in 3 contracts

Samples: Employment Agreement (Mdsi Mobile Data Solutions Inc /Can/), Employment Agreement (Mdsi Mobile Data Solutions Inc /Can/), Employment Agreement (Mdsi Mobile Data Solutions Inc /Can/)

Termination of Employment. a) Notice of termination shall ‌ 42.1 Employment to which this Agreement applies may be terminated in accordance with Section 661 the provisions of the Act. b) The Company shall give each employee this clause, but this sub-clause does not operate to prevent any party from giving a minimum greater period of notice consistent with than required, nor to affect the table belowCompany's right to dismiss an Employee for misconduct which would justify summary dismissal nor to affect the Employee's lawful rights in such an event. 42.2 In the case of a Permanent Employee, where notice of termination is given by the Company, the period of notice required shall be: Period of Continuous Service Period of Notice Up to the completion of 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is 42.3 An Employee over 45 years of age at the time of termination and has a period of with two years continuous service with the company in excess of two years, the employee shall be entitled to one week’s a further weeks’ notice in addition to that prescribed the above-mentioned period of notice 42.4 In lieu of actual notice the Company may provide payment of salary or wages. d) Payment in lieu 42.5 Where the Company has given notice of termination to an Employee, the notice prescribed above Employee shall be made if allowed up to one day off without loss of pay for the appropriate notice period is not givenpurposes of seeking employment. Provided The time off shall be taken at times that employment may be terminated by part of are convenient to the period of notice specified and part payment in lieu thereofEmployee after consultation with the Company. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) 42.6 The notice of termination required to be given by employees an Employee shall be the same as that required of the Company. Company save and except that there shall be no additional notice based on the Employee's age. 42.7 If an employee Employee fails to give or work out the requisite notice appropriate notice, the Company shall have the right to may withhold wages and/or entitlements (excluding annual leave payable upon termination) monies due to the employee on termination, with a maximum amount equal to the equivalent pay Employee for the period or balance of noticenotice required. g42.8 The Company will, upon receipt of a request from an Employee where employment has been terminated, provide to the Employee a written statement specifying the period of his/her employment and the classification of or the type of work performed by the Employee. 42.9 An Employee whose employment terminates shall be paid out accrued leave entitlements including, for any period of time less than a completed twelve (12) Where monthly qualifying period on a proportionate basis, as at the date of termination. 42.10 As an employee has given or been given notice of alternative to termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment may, at its discretion impose a period of unpaid suspension in lieu of noticetermination, not exceeding a period of two (2) months.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Termination of Employment. a) Notice A permanent Employee may terminate their employment by a weeks’ notice or by the forfeiture of termination shall a week’s wages. Casual employment may be in accordance with Section 661 of the Actterminated by eight hours’ notice on either side. b) The In the event of redundancy or dismissal of a permanent Employee (with the exception of a fixed term/project Employee, a casual Employee, or an Employee terminated for serious misconduct) the Company shall give each employee Employee a minimum period of notice consistent with the table belowfollowing table: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee Employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee Employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006misconduct. f) The notice of termination required to be given by employees Employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticeone week. g) Where an employee Employee has given or been given notice of termination of employment he or employment, he/she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. h) Where the Company has given notice of termination to an Employee, the Employee shall be allowed up to one day’s paid time off during the notice period with pay to seek other employment. i) Except for casuals, where the Company terminates the employment of an Employee, except by reason of the misconduct of the Employee within 10 days prior to a public holiday or group of holidays, the Employee shall be paid for that holiday or group of holidays, provided that they have been employed for a period of at least one week prior to the termination of employment. Provided further, where an Employee is re-employed within a period of one month of the termination of employment, the Employee shall be paid for all holidays occurring within the period between the termination of service and re-employment. j) When any two or more of the holidays prescribed in this Agreement occur within one week of one another, such holidays shall, for the purposes of this Part, be deemed a group of holidays.

Appears in 3 contracts

Samples: Enterprise Agreement, Construction Agreement, Construction Agreement

Termination of Employment. a4.1 In the event Executive's employment is terminated by the Company during the Term of Employment for any reason other than "Cause" (as defined in paragraph 4.5 below) Notice the Company will pay Executive a lump sum cash payment, payable within 10 days of his termination shall be in accordance with Section 661 equal to one year of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up Executive's annual base salary in effect immediately prior to his termination and an amount equal to the completion of 1 bonus earned by Executive in the fiscal year 1 week 1 year and up prior to the completion year in which such termination takes place. In addition, one hundred percent (100%) of 3 years 2 weeks 3 years and up all options to purchase Common Stock of the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age Company that are unvested at the time of such termination as determined in this paragraph 4.1 shall immediately vest and become exercisable. 4.2 In the event of a termination described in paragraph 4.1 above, Executive together with his dependents and beneficiaries, will continue following his termination to participate fully in accordance with paragraph 3.2(c), (d) and (e) above in all life insurance plans, accident and health plans, other welfare plans, any additional benefit plans and any fringe benefits, maintained or sponsored by the Company immediately prior to the Change of Control, or receive substantially equivalent coverage (or the full value thereof in cash) from the Company, until the first anniversary of his termination. The period of time between such a termination and has a period the first anniversary of continuous the Change of Control will be counted as service with the company Company for purposes of any benefit plan of the Company in excess which Executive is participating at the time of two years, the employee shall be entitled to one week’s notice in addition to that prescribed abovetermination. d(a) Payment in lieu Upon the occurrence of any breach by the notice prescribed above shall be made if Company of this Agreement within the appropriate notice period is not given. Provided that employment meaning of paragraph 4.3(b), below, Executive may be terminated by part of give the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The Company written notice of termination required his intention to be given by employees shall be resign effective the same as that required of 30th day following the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration receipt of such notice. Any employee whoIf the Company does not provide or determine a reasonably adequate remedy such breach within 30 days of the date of such notice, having given or been given Executive's resignation will become effective on such notice is absent from work without reasonable cause 30th day. If Executive resigns in accordance with this paragraph during such period shall the Term of Employment, his employment will be deemed to have abandoned employment been terminated by the Company for reasons other than Cause [(and shall he will be deemed to have offered to continue to provide services to the Company),] and he will be entitled to all the payments and rights and benefits described in paragraphs 4.1 and 4.2, provided that such payments and rights and benefits will in no event be less than they would have been had such termination taken place on the date that the Company first breached this Agreement. (b) The following events are breaches by the Company of this Agreement within the meaning of this paragraph 4.3(b): (i) any material reduction of, or failure to pay, Executive's salary or bonus as described in paragraph 3.1 above; (ii) any failure to provide the benefits required by paragraph 3.2 above or to make any payment that might be due in accordance with paragraph 3.3 above; (iii) assignment to Executive of any duties inconsistent in any respect with his position (including status, offices and titles), authority, duties or responsibilities as contemplated by paragraph 2.1 above or any other action by the Company that results in a material diminution of such position or authority; (iv) failure after a Change of Control to comply with and satisfy paragraph 7.1 or 7.2 below; relocation of the Company's principal executive offices, or any event that causes Executive to have his principal place of work changed, to any location outside a 60-mile radius of the Executive's place of work immediately prior to the Change of Control; and (vi) without limiting the generality or effect of the foregoing, any other material breach of this Agreement by the Company or any successor thereto or transferee of substantially all the assets thereof. 4.4 If Executive is dismissed by the Company for Cause, he will not be entitled to payment for work done within that periodpayments or benefits provided under paragraphs 4.1 or 4.2 above. Nothing in this clause "Cause" shall prevent mean: (I) material and willful dishonesty with respect to the Company making payment or its subsidiaries; (ii) material and willful misfeasance or nonfeasance of duty by the Executive intended to injure or having the effect of injuring in lieu some material fashion the reputation, business or business relationships of noticethe Company or any of its subsidiaries or any of their respective officers, directors or employees; (iii) the willful commission by Executive of theft, embezzlement or other serious and substantial crimes against the Company or any of its subsidiaries; (iv) the conviction of the Executive of any felony, any crime involving moral turpitude or any crime that could reflect in some material fashion unfavorably upon the Company or any of its subsidiaries; and (v) continued substantial and repeated neglect of his duties as an Executive (including continued and prolonged absences from the Company's headquarters or Executive's prescribed post), gross negligence or willful misconduct in the performance of his duties, or substantial breaches of this Agreement or other agreement related to Executive's employment. For purposes of this definition, no act or omission shall be considered to have been "willful" unless it was not in good faith and Executive had knowledge at the time that the act or omission was not in the best interest of the Company.

Appears in 3 contracts

Samples: Change of Control Agreement (Dynamic Materials Corp), Change of Control Agreement (Dynamic Materials Corp), Change of Control Agreement (Dynamic Materials Corp)

Termination of Employment. aUpon the Employee’s Termination of Employment for any reason (other than due to the Employee’s death, Disability, Retirement or Termination of Employment by the Company without Cause) Notice during the Restriction Period, all Shares of termination Restricted Stock still subject to restriction shall be forfeited. Upon the Employee’s Termination of Employment during the Restriction Period due to the Employee’s death, Disability or Retirement, the restrictions applicable to the Restricted Stock shall lapse, and such Restricted Stock shall become free of all restrictions and become fully vested. Upon the Employee’s Termination of Employment during the Restriction Period by the Company without Cause, the Employee shall vest in accordance with Section 661 an additional number of shares of Restricted Stock equal to the product of (x) the number of shares of Restricted Stock that are subject to each vesting tranche during the Restriction Period that have not yet vested as of the Act. bdate of the Termination of Employment and (y) The Company a fraction, the numerator of which is the number of full and partial months in the Restriction Period from the Grant Date until the date of Termination of Employment and the denominator of which is the total number of months in the Restriction Period for such tranche. For purposes of this Agreement, “Retirement” shall give each employee a minimum period mean the Employee’s Termination of notice consistent with Employment after the table below: Period attainment of Continuous Service Period age 65 or the attainment of Notice Up to the completion of 1 year 1 week 1 year age 55 and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 at least 15 years of age at continuous service, in each case, only if such Termination of Employment is approved as a “Retirement” by (i) the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply Committee in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 an Employee who is subject to Section 16 of the Workplace Relations Regulations 2006. fExchange Act or a “covered employee” within the meaning of Section 162(m) The notice of termination required to be given by employees shall be the same as that required of the CompanyCode or (ii) the Chief Executive Officer or Senior Vice President, Human Resources, in the case of all other individuals. If an employee fails to give the requisite notice For purposes of this Agreement, employment with the Company shall have include employment with the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment Company’s Affiliates and shall not be entitled to payment for work done within that periodits successors. Nothing in this clause Agreement or the Plan shall prevent confer upon the Employee any right to continue in the employ of the Company making payment or any of its Affiliates or interfere in lieu any way with the right of noticethe Company or any such Affiliates to terminate the Employee’s employment at any time.

Appears in 3 contracts

Samples: Performance Based Restricted Stock Agreement (Unum Group), Performance Based Restricted Stock Agreement (Unum Group), Restricted Stock Agreement (Unum Group)

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 by the employer (i) In order to terminate the employment of an employee the Act. b) The Company employer shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of employee the following notice: Less than 1 year 1 week 1 year and up to the completion of but less than 3 years 2 weeks 3 years and up to the completion of but less than 5 years 3 weeks 5 years and over 4 weeks c(ii) Where an employee is In addition to the notice in (a)(i) hereof, employees over 45 years of age at the time of termination and has a period the giving of continuous service the notice with the company in excess of not less than two years‘ continuous service, the employee shall be entitled to one week’s notice in addition to that prescribed abovean additional week‘s notice. d(iii) Payment in lieu of the notice prescribed above in (a)(i) and/or (a)(ii) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e(iv) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: (1) the employee's ordinary hours of work (even if not standard hours); and (2) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and (3) any other amounts payable under the employee's contract of employment. (v) The period of notice in this clause shall does not apply apply: (1) in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 misconduct; (2) to employees engaged for a specific period of time or for a specific task or tasks; (3) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Workplace Relations Regulations 2006agreement; or (4) to casual employees. f(vi) For the purposes of this clause, continuity of service shall be calculated in the manner prescribed in the Long Service Leave clause of this Agreement. (b) Notice of termination by the employee (i) The notice of termination required to be given by employees an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to age of the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticeconcerned. g(c) Time off work during notice period Where an employee employer has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any to an employee, an employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed allowed up to have abandoned employment and one day‘s time off without loss of pay for the purpose of seeking other employment. The time off shall not be entitled taken at times that are convenient to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeemployee after consultation with the employer.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Termination of Employment. a) Notice The Bank reserves the right to terminate the employment of termination the Executive at any time prior to retirement. In the event that the employment of the Executive shall terminate prior to him attaining age sixty-five (65), other than by reason of his disability or his death, the Executive shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up entitled to the completion of 1 year 1 week 1 year following benefits under the following circumstances: 4.1.1. If the Executive is terminated with Reasonable Cause, Executive shall receive no benefit under this Agreement and up shall lose any right to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age any benefit vested at the time of termination termination. 4.1.2. If the Executive voluntarily terminates employment with the Bank prior to the age of fifty-five (55), Executive shall receive no benefit under this Agreement and shall lose any right to any benefit vested at the time of termination. If the Executive voluntarily terminates employment with the Bank prior to retirement after Executive has attained the age of fifty-five (55) and Executive has been employed by the Bank for a period of continuous service at least one (1) year from the date of this Agreement, the Executive will be considered vested in the annual benefit amount set forth in Schedule “A” attached hereto and made a part hereof corresponding with the company year in excess which the Executive’s employment is terminated. In the event of two yearsExecutive’s voluntary termination as described herein, the employee shall be entitled Bank will pay such amount to one week’s notice in addition the Executive over the time period and subject to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if conditions applicable to Section 3.2, provided however, the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company Bank shall have the right to withhold wages and/or entitlements prepay this obligation in full. 4.1.3. Anything hereinabove to the contrary notwithstanding, if the Bank terminates the Executive’s employment involuntarily for any reason other than “Reasonable cause,” defined below, or if the Bank undertakes any action or course of action designed to induce the Executive to terminate his employment (excluding annual leave payable upon termination) e.g., reducing the Executive’s title or responsibilities, reducing the Executive’s compensation disproportionately as compared to reductions for other Bank executives), the Bank shall pay to the Executive the retirement benefits described in 3.2. The benefits shall be paid commencing on the Executive’s 65th birthday. “Reasonable cause” means the Executive’s gross negligence, fraud or conviction for any willful violation of any law or significant regulatory policy, committed in connection with the Executive’s employment and resulting in a material adverse effect on the Bank. “Reasonable cause” shall not include ordinary negligence or failure to act, whether due to an error in judgment or otherwise, if the employee on termination, with a maximum amount equal Executive has exercised substantial efforts in good faith to perform the duties reasonably assigned or appropriate to the equivalent pay for the period of noticeposition. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Executive Salary Continuation and Participation Agreement (Southeastern Bank Financial CORP), Executive Salary Continuation and Participation Agreement (Southeastern Bank Financial CORP)

Termination of Employment. a) Notice Except for Casual Employees, Employees and ALDI are required to give the following notice of termination shall be of employment, or ALDI may pay the Employee in accordance with Section 661 lieu of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: notice. Period of Continuous Service Period Amount of Notice Up to the completion of Less than 1 year 1 week At least 1 year and up to the completion of but less than 3 years 2 weeks At least 3 years and up to the completion of but less than 5 years 3 weeks More than 5 years and over 4 weeks c) weeks Where an employee the Employee is over 45 years of age and has greater than two (2) years’ service, an additional week’s notice of termination will be provided by ALDI, or payment made in lieu thereof. Employees engaged prior to commencement of this Agreement will be required to provide or receive at least four (4) weeks’ notice of termination of employment, or payment in lieu of notice. Where the Employee is over 45 years of age and has greater than five (5) years’ service, an additional week’s notice of termination will be provided by ALDI, or payment made in lieu thereof. During any fixed term period of employment, Employees and ALDI are required to give notice of termination of employment in accordance with the above scale, or ALDI may pay the Employee in lieu of notice. At the end of the fixed term period, ALDI may at its complete discretion offer further employment to the Employee in a position selected by ALDI, but is under no obligation to do so. No notice of termination is required to be provided at the time end of the fixed term period. Casual Employees and ALDI are required to give one (1) hour’s notice of termination of employment, or ALDI may pay the Casual Employee in lieu of notice. Where the Casual Employee has an expectation of ongoing work and has had engagements over a period of continuous service with the company in excess of two yearsmore than 12 months, the employee shall Employee or ALDI will be entitled required to provide one (1) week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be or payment made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of . This notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall payment will be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent average weekly pay for the period Employee calculated over the final 12 months of notice. g) employment. Where an employee ALDI has given or been given notice of termination of employment he or she shall continue in employment until to an Employee, the date Employee will be allowed to take one day off during the notice period without loss of pay for the purpose of seeking other employment. The time off is to be taken at times convenient to the Employee after consultation with ALDI. Serious misconduct, serious non-observance of the expiration terms of such noticethis Agreement or serious neglect of the Employee’s duties are grounds for instant dismissal. Any employee whoOn termination of employment, having given the Employee will leave with their Direct Leader all Company property including books, records, papers, keys, correspondence and any other documents, software, disks and media belonging to, concerning or been given such notice containing reference to ALDI’s business and that of its subsidiaries, and any material accumulated during the Employee’s employment other than that of a personal nature. If the Employee is absent from work for a continuous period of three (3) days or more without reasonable cause during such period shall the consent of ALDI and without notification to ALDI, the Employee will be deemed to have abandoned employment and shall not be employment. At this point ALDI is entitled to payment for work done within that period. Nothing in this clause shall prevent treat the Company making payment in lieu of noticeemployment as terminated.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Termination of Employment. a) Notice a. Employment may be terminated as follows: i. For employees notice of termination shall be in accordance with Section 661 of the Actone month by either party. b) The Company ii. For a fixed-term employee employment shall give each employee terminate upon the expiry of their term of employment but either party may terminate the employment at a minimum period of notice consistent with date prior to such expiry for which the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be one month by either party. iii. The above periods of notice may be varied by mutual agreement. iv. Clauses i. to iii. above shall not prevent the same as that required of the Company. If employer from summarily dismissing an employee fails to give the requisite notice the Company shall have for misconduct. b. The employer reserves the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due suspend on full pay any employee involved in a disciplinary procedure where the employer considers suspension to be in the best interests of any of those involved. c. An employee may be required by the employer to relinquish employment based on the certificates of two medical practitioners nominated by the employer certifying that the employee on terminationis no longer capable of undertaking the full duties of their position. The employer will, with a maximum amount equal to the equivalent pay for during the period of notice, consider redeployment to any vacancy for which the employee is suited. The employer will meet the costs of said medical examinations. The employer will, in these circumstances, normally give the employee not less than three months’ notice of termination provided that a lesser period may apply by mutual agreement. g) Where an employee has given or been given d. Each employee, upon termination, shall on request be provided with a certificate of service, within a reasonable period. e. Redundancy notice: Employees to be declared surplus, due to their position no longer being required, shall receive not less than two months’ notice of termination of their employment he or she shall continue in employment until and, during this period, the date employer will consider redeployment of the expiration employee to another similar position which may be available. Retraining of such noticeaffected employees for a significant career change will be considered. Any The cost of retraining will be no more than what the affected employee who, having given or been given such would have received for a redundancy payment. f. The notice period for staff employed in the research funded category is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeone month.

Appears in 2 contracts

Samples: Individual Employment Agreement, Individual Employment Agreement

Termination of Employment. a) Subsection 1. Notice of termination shall be in accordance with of employment pursuant to Section 661 5, Subsection 2, of the ActDanish Salaried Employees Act (the 120-days rule) may not take place. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where Subsection 2. Before an employee is over 45 years dismissed, the employer should give the employee a written warning stating that termination is under consideration, and the reason for this. The local staff association shall, as far as possible, be informed 24 hours before any warning/notice of age termination of the employment of a member is given. This may be effected by the employer sending, as a general rule, a draft warning/notice of termination to the local staff association unless strictly personal reasons make this unadvisable. Dismissal shall require simultaneous notification of the local staff association. Subsection 3. If Forsikringsforbundet maintains that an employee has been terminated wrongfully without reasonable cause in matters relating to the employee or the employer, the dispute may, upon request, be submitted to proceedings, cf. the Agreement on Rules for the Settlement of Industrial Disputes. Subsection 4. If it is found that the termination of employment was wrongful, the arbitration tribunal may order the employer to mitigate the impact of the termination. The arbitration may thus, if the employer and the employee both choose not to continue the employment, order the employer to pay a compensation, the size of which must be determined with due consideration of the circumstances of the case, the length of time that the employee has been employed and, in special circumstances, consideration of the employee’s future employment prospects. Re-employment or compensation, respectively, shall be subject to the condition that the employee must have been in uninterrupted employment with the employer for at least nine months at the time of notification of termination and has of employment. Subsection 5. The compensation may not normally exceed the employee’s salary for a period corresponding to the termination notice to which the employee is entitled under Section 2, Subsection 2, of continuous service with the company Danish Salaried Employees Act. If, at the time of the termination of employment, the employee has been in excess the employment of two the employer for more than 15 years, the employee shall be entitled compensation may amount to as much as one weekyear’s notice in addition to that prescribed abovesalary. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Collective Agreement, General Provisions

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply 30.01 Except in the case of dismissal for conduct that justifies serious misconduct as defined just cause, thirty (30) calendar days notice, in Regulation 12.10 writing, shall be given to permanent employees and probationary employees hired to fill permanent positions who are to be laid off or terminated. If such notice is not given, the employee shall be paid for the number of days by which the Workplace Relations Regulations 2006period of notice was reduced. f30.02 Except in the case of dismissal for just cause, ten (10) The calendar days notice, in writing, will be given to temporary and probationary employees hired to fill temporary positions who are to be laid off or terminated, provided that such employees are not hired for a specified time period. If such notice is not given, the employee shall be paid for the number of days by which the period of notice was reduced. (a) Permanent employees and probationary employees hired to fill permanent positions shall give the permanent head twenty-one (21) calendar days written notice, and temporary and part-time employees shall give ten (10) calendar days written notice of intention to terminate employment. (b) Permanent employees whose positions are declared redundant, or permanent employees who are displaced as a result of a subsequent bumping by a redundant permanent employee, and who are unable to bump or unable to be placed in other employment shall be given notice of termination or pay in lieu of notice. The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment, as per Schedule "D". Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required to be given by employees pay back part of any severance pay/pay in lieu of notice they received. The amount they have to pay back shall be based on the same as that required length of time they have been out of the Companyemployment from the Employer covered by the coalition negotiations. If The amount repaid will be based on the net amount received by the employee and/or the amount paid to a financial institution on behalf of an employee. 30.04 Annual leave shall not be used as any part of the period of the stipulated notices referred to in this Article unless mutually agreed between the parties hereto. 30.05 The period of notice may be reduced or eliminated by mutual agreement. 30.06 Subject to 30.07, upon termination of service or layoff, an employee shall receive pay for all her earned current and accrued annual leave not taken by her prior to the date of termination of her services plus pay for her accumulated annual leave up to a maximum of twenty (20) days not taken by her prior to the date of termination of her services provided, however, that any indebtedness to the Employer may be deducted from such payments. 30.07 Where an employee fails to give notice as stipulated in Clause 30.03, the requisite notice the Company shall have Employer reserves the right to withhold wages and/or entitlements (excluding payment for any annual leave payable upon termination) due to in excess of that prescribed by the employee on terminationAnnual Vacations with Pay Act, with a maximum amount equal to 1969, provided that in no case shall the equivalent pay for penalty exceed the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.*ARTICLE 31 SEVERANCE PAY

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Termination of Employment. (a) Notice In order to terminate the employment of termination shall be in accordance with Section 661 of a fulltime employee the Act. b) The Company shall give each to the employee a minimum period of notice consistent with the table belowfollowing notice: Period of Continuous Service Period of Notice Up to the completion of 1 year Year 1 week Week 1 year and up to the completion of 3 years 2 weeks Weeks 3 years and up to the completion of 5 years 3 weeks Weeks 5 years and over 4 weeks c) Where an employee is Weeks Employees over 45 years of age will be granted an additional week's notice period provided they have completed at the time of termination and has a period least two years of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) service. Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part . (b) In calculating any payment in lieu of notice, the payment an employee shall receive, shall equal what they would have otherwise received during the normal working hours period of notice specified and part payment in lieu thereofhad their employment not been terminated, including all amounts payable under the employee's contract of employment. e(c) The period of notice in this clause shall not apply in the case of dismissal termination of casual employees, or employees engaged for conduct that justifies a specific period of time or for a specific task of work program or an employee whose employment is terminated for serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006or wilful misconduct. f(d) During the period of notice of termination given by the employer an employee shall be allowed up to one day time off without loss of pay during the notice period for the purpose of seeking other employment, subject to a mutually convenient time agreed with the company . (e) The notice of termination of employment required to be given by employees an employee shall be the same same, as that required of the Company. If , except that there shall be no additional notice based on the age of the employee concerned. (f) The Company will, upon receipt of a request from an employee fails to give whose employment has been terminated, provide a written statement specifying the requisite notice period of employment and the classification of the type of work performed by the employee. (g) The Company shall will have the right to withhold dismiss any employee without notice for conduct that justifies summary dismissal, and in such cases the wages and/or entitlements (excluding annual leave payable upon termination) due shall be paid up to the employee on termination, with a maximum amount equal to the equivalent pay for the period time of noticedismissal only. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) 22.1 The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year may at any time and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is its absolute discretion (whether or not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The any notice of termination required to be has been given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have or the right to withhold wages and/or entitlements (excluding annual leave payable upon terminationExecutive under clause 2 above) due to terminate the employee on termination, Executive’s employment with immediate effect and make a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. This payment shall comprise the Executive’s basic salary (at the rate payable when this option is exercised) together with the following benefits to the extent that they would have been paid during the notice period: · car allowance · company pension contributions (subject to the Executive making his contribution) · premium equivalent to the private medical monies paid by the Company and shall be subject to deductions for income tax and national insurance contributions as appropriate (the “Payment in Lieu”). The Executive will not, under any circumstances, have any right to payment in lieu unless the Company has exercised its option to pay in lieu of notice. 22.2 The Company may pay any sums due under this clause as one lump sum or in instalments over the period until the date on which notice, if it had been served, would have expired. If the Company chooses to pay in instalments the Executive is obliged to seek alternative income over the relevant period and to disclose the gross amount of any such income and any relevant ancillary benefits to the Company. The instalment payments shall then be reduced by the amount of such income. 22.3 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if the Executive: 22.3.1 is guilty of any serious misconduct (including but not limited to any such act set out within the Company’s disciplinary policy from time to time or in any code of conduct) or any other conduct which affects or is likely to affect prejudicially the interests of any Group Company to which he is required to render services under this Agreement; 22.3.2 fails or neglects efficiently and diligently to discharge his duties or commits any serious or repeated breach or non-observance by the Executive of any of the provisions contained in this Agreement; 22.3.3 has an interim receiving order made against him, becomes bankrupt or makes any composition or enters into any deed of arrangement with his creditors; 22.3.4 is convicted or charged with any arrestable criminal offence (other than an offence under road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed); 22.3.5 is disqualified from holding office in another company by reason of an order of a court of competent jurisdiction; 22.3.6 shall become of unsound mind or become a patient under the Mental Health Xxx 0000; 22.3.7 is convicted of an offence under the Criminal Justice Xxx 0000 in relation to insider dealings or under any other present or future statutory enactment or regulations relating to insider dealings; 22.3.8 is in violation of the rules and regulations of the U.S. Securities and Exchange Commission or relevant U.S. securities laws, or the rules and regulations of the NASDAQ Exchange or any other exchange on which any Group Company’s securities may be listed; 22.3.9 ceases to be a director of the Company otherwise than at the request of the Company; 22.3.10 is no longer legally entitled to live and/or work in the UK; 22.3.11 does anything (in the course of his duties or otherwise) which (in the reasonable opinion of the Company) does actually or might reasonably be expected to bring himself or any Group Company into disrepute; and/or 22.3.12 acts in a way which is in the reasonable opinion of the Company materially adverse to the interests of the Company. 22.4 Any delay by the Company in exercising such right to terminate shall not constitute a waiver thereof. 22.5 Notwithstanding anything to the contrary in this Agreement, the Company may assign the Executive’s employment to Virgin Media Inc. (or its successor) or another Group Company reasonably comparable or superior to the Company within the overall corporate structure and such assignment will not constitute termination of employment hereunder and the Executive agrees to execute any and all documents necessary or reasonable to accomplish the foregoing.

Appears in 2 contracts

Samples: Service Agreement (Virgin Media Investment Holdings LTD), Service Agreement (Virgin Media Investment Holdings LTD)

Termination of Employment. 1. Termination of employment by either Employer or Employee shall follow established Sierra Health Services Policies and Procedures including appropriate notice, except as otherwise specifically set forth in this Article. 2. Employee may terminate employment hereunder with sixty (60) days prior written notice. If Employee is terminated during such sixty (60) day notice period, Employee shall be entitled to be paid his customary salary during the remainder of the notice period. If Employee shall voluntarily terminate employment all eligible separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, shall be paid or made available to Employee. 3. If Employer shall terminate Employee's employment hereunder, or subsequent to the termination of this Agreement or any similar agreements, without cause, except as otherwise set forth in Paragraphs 6 and 7 of this Article, Employee shall be entitled to fifteen (15) months salary and all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. 4. In the event Employee's employment hereunder terminates for any reason other than for cause, including those reasons set forth in Paragraph 6 of this Article, Employee and his/her family shall be eligible to remain covered under Employer's health care, dental, vision and life coverage program, at no expense, for a period of time equal to Employee's length of service or until Medicare eligible, whichever occurs first, following termination of such employment. 5. Notwithstanding any other provision in this Agreement to the contrary, Employee hereby agrees that any separation compensation due to Employee, other than accrued vacation, shall be paid out 25% after the first 90 days, 37 1/2% after the first 180 days, and the remaining 37 1/2% at the end of 365 days, except in the event of a change in control. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. Any payments or such amounts which would otherwise be payable after a change in control, or arising as a result of a change in control, shall be made in a lump sum within five (5) business days following the date of the change in control and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 6. If Employer shall terminate Employee's employment for Cause, which is defined as (1) Employee's conduct that is materially detrimental to Employer's reputation or business relationships, or (2) Employee's misappropriation of Employer's funds, Employee shall be eligible for four (4) weeks salary and any other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, as full and final payment under this Agreement. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. (a) Notice If Employee is unable to perform Employee's duties hereunder, by reason of termination illness or incapacity of any kind, for a period of more than twelve (12) months in excess of accrued sick leave, Employee's employment hereunder may be terminated by Employer at its absolute discretion with one week of prior written notice. (b) If Employee's illness or incapacity shall have ended, and Employee shall have assumed Employee's duties hereunder, prior to the date specified in the notice of termination, Employee shall be entitled to resume Employee's employment hereunder as if such notice had not been given. 8. In the event of a change in accordance with Section 661 control of Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the Act. bSecurities Exchange Act of 1934) The Company is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in control was not approved by a majority of the Board of Directors of Employer, Employee, at his/her sole option, shall give each employee be entitled to terminate his/her employment hereunder and, upon such termination, will be entitled to a minimum period cash amount equal to (2.99) times Employee's current salary and the target annual bonus for which Employee is eligible in the year of notice consistent termination, together with any other separation compensation and benefits as are routinely made available to other employees of Employer at the table below: Period of Continuous Service Period of Notice Up same organizational level. Employee's right to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age terminate under this Paragraph 8 may be exercised at the time of termination the change in control or at any time within two years after the change in control, including upon receipt of any notice that Employer has elected to terminate Employee's employment without cause during such two-year period. Payment of such amounts shall be made in a lump sum within five (5) business days following the date such amounts become payable hereunder and has shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 9. In the event of a period change in control of continuous service with Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the company Securities Exchange Act of 1934) is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in excess control is approved by a majority of two yearsthe Board of Directors of Employer, the employee Employee, at his/her sole option, shall be entitled to one week’s notice terminate his/her employment hereunder and, upon such termination, will be entitled to a cash amount equal to (2.99) times Employee's current salary and the target annual bonus for which Employee is eligible in addition the year of termination, together with any other separation compensation and benefits as are routinely made available to that prescribed above. dother employees of Employer at the same organizational level, if, within two (2) Payment in lieu years after the effective date of the change in control any one of the following occurs: (a) the assignment to Employee of any duties inconsistent with Employee's position (including status, offices, titles, and reporting requirements), authority, duties, or responsibilities or any other action by Employer that results in a material diminution in such position, authority, duties, or responsibilities, excluding for this purpose an action not taken in bad faith and that is remedied by Employer within 10 days after receipt of written notice prescribed above by Employee; (b) a reduction in Employee's annual base salary or target bonus; (c) the relocation of Employer's principle executive offices to a location more than 75 miles from the current location of such offices or (d), in the event such change in control occurs within the final two years prior to the calendar date stated as the termination date of the Agreement in Article II, and if, prior to such stated termination date and prior to termination of Employee's employment, Employer has not offered to enter into an extension of this employment agreement or a new employment agreement providing benefits substantially equal to those under this agreement for a term to extend until at least two years after the date of such change in control. In addition, if Employee's employment hereunder is terminated for reasons other than those set forth in Paragraph 6 or 7 of this Article within two (2) years after the effective date of a change in control which was approved by a majority of Employer's Board of Directors, Employee shall be entitled to a cash amount equal to (2.99) times Employee's current salary and the target annual bonus for which Employee is eligible in the year of termination, together with all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. Payment of such amounts shall be made if in a lump sum within five (5) business days following the appropriate notice period is not givendate such amounts become payable hereunder, and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 10. Provided Anything contained herein to the contrary notwithstanding in the event that employment may be terminated by part Employer shall discontinue operation of Employer other than as a result of a merger, consolidation or acquisition, then this Agreement shall terminate and the provisions of Article VI shall terminate as of the period last day of notice specified the month in which Employer ceases operation with the same force and part payment in lieu thereofeffect as if such last day of the month were originally set as the termination date hereof. e) The period of notice in 11. Any amounts payable under this clause Article VII shall not apply also be payable to Employee in the case event Employee is terminated without cause during the 90-day period prior to a Change in Control. 12. Whether or not Employee becomes entitled to any payments under Paragraphs 1 through 11 of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 this Article VII, if any payments or benefits received, or to be received, by Employee (including the vesting of any option and other non-cash benefits and property), whether pursuant to any provision of this Agreement or any other plan, arrangement or agreement with Employer or any affiliated company, excluding the Gross-Up Payment described herein (such payments and benefits being the "Total Payments"), will be subject to any excise tax imposed under section 4999 of the Workplace Relations Regulations 2006. fInternal Revenue Code of 1986, as amended (such excise tax, including penalties and interest thereon, being the "Excise Tax"), Employer shall pay to Employee an additional amount (the "Gross-Up Payment") The notice of termination required to be given such that the net amount retained by employees Employee, after reduction for any Excise Tax on the Total Payments and any federal and Excise Tax on the Gross-Up Payment, shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay sum of (i) the Total Payments plus (ii) any deductions disallowed for federal income tax purposes because of the inclusion of the Gross-Up Payment in Executive's adjusted gross income multiplied by the Executive's highest marginal rate of federal income taxation for the period of noticecalendar year in which the Gross-Up Payment is to be made. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Employment Agreement (Sierra Health Services Inc), Employment Agreement (Sierra Health Services Inc)

Termination of Employment. (a) Notice Four (4) weeks written notice of termination resignation shall be given regarding resignation of employment by the Nurse, unless mutually satisfactory arrangements are made otherwise. Accrued vacation, holiday and overtime benefits shall be paid out on the day of resignation or on the next regular pay day where the resignation day and pay day are not the same. (b) When a Nurse resigns, is discharged, retires or dies, the Nurse or the estate shall receive payment in accordance with Section 661 proportion to any unused vacation leave credits, holiday leave credits and overtime lieu time credits, computed as of the Actlast day of employment. The Employer is entitled to withhold any monies owed to the Employer from any accrued benefits. b) The Company 22.01 In the event of suspension or termination of a Nurse’s employment by the Employer, the Nurse shall give each employee be given written reasons for the action taken. If this procedure is not followed, the action taken shall not be void but the time limits under Article 14.03 shall not commence until the notice is given. 22.02 It shall be a minimum period violation of notice consistent with the table below: Period of Continuous Service Period of Notice Up this Agreement, subject to the completion grievance and arbitration procedures herein, if a Nurse is suspended or disciplined, or has been discharged by the Employer without just cause. 22.03 If a Nurse is dismissed or suspended for cause, the Employer will advise a Labour Relations Representative of 1 year 1 week 1 year the Union in writing as soon as reasonably possible. 22.04 When a Nurse is to be advised in person of a disciplinary action the Employer shall advise the Nurse of the right to elect to have a representative of the Local Union at the meeting. The Employer will give the Nurse and up the Local Union Representative reasonable advance notice of the meeting. The Employer will be notified prior to the completion meeting of 3 years 2 weeks 3 years and up the Nurse’s intention to the completion of 5 years 3 weeks 5 years and over 4 weeks c) be accompanied by a Local Union Representative. Where circumstances warrant an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two yearsimmediate meeting, the employee shall meeting may proceed should a representative not be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not givenreadily available. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in In the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 a suspension or termination, the Union representation may be provided by a Labour Relations Representative of the Workplace Relations Regulations 2006Union. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Termination of Employment. a(i) Notice Except for misconduct justifying summary dismissal, the services of termination an employee shall be in accordance with Section 661 of terminated only by the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 following written notification periods, Not more than three years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeksweeks or by payment of the relevant notification period in lieu thereof. c(ii) Where an The notification period is increased by 1 week if the employee is over 45 years of age at the time of termination old and has a period completed at least 2 years of continuous service with the company in excess employer at the end of two yearsthe day the notice is given. (iii) Where an employee resigns, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be an employee is the same as that required of an employer except that the Company. employee does not have to give additional notice based on the age of the employee. (iv) If an employee fails to who is at least 18 years old does not give the requisite period of notice required under paragraph (i), then the Company shall have the right to withhold employer may deduct from wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on under this Agreement an amount that is no more than one week’s wages for the employee. (v) If the employer has agreed to a shorter period of notice than that required under paragraph (i), then no deduction can be made under paragraph (iv). (vi) Any deduction made under paragraph (iv) must not be unreasonable in the circumstances and be in accordance with the requirements of the Act which require written agreement between the employer and the employee. (vii) Employees who have accrued additional days off duty pursuant to subclause (vii) of clause 4, Hours of Work and Free Time, shall be paid for such accrued time at ordinary rate of pay upon termination. (viii) Upon the termination of the services of an employee, the employer shall furnish the employee with a maximum amount equal to written statement, duly signed by or on behalf of the equivalent pay for employer, setting out the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing the capacity in this clause shall prevent which the Company making payment in lieu of noticeemployee was employed.

Appears in 2 contracts

Samples: Lifehouse Nurses Agreement 2019, Lifehouse Nurses Agreement 2019

Termination of Employment. (a) Notice Four (4) weeks written notice of termination resignation shall be given regarding resignation of employment by the Nurse, unless mutually satisfactory arrangements are made otherwise. Accrued vacation, holiday and overtime benefits shall be paid out on the day of resignation or on the next regular pay day where the resignation day and pay day are not the same. (b) When a Nurse resigns, is discharged, retires or dies, the Nurse or the estate shall receive payment in accordance with Section 661 proportion to any unused vacation leave credits, holiday leave credits and overtime lieu time credits, computed as of the Actlast day of employment. The Employer is entitled to withhold any monies owed to the Employer from any accrued benefits. b) The Company 22.01 In the event of suspension or termination of a Nurse’s employment by the Employer, the Nurse shall give each employee be given written reasons for the action taken. If this procedure is not followed, the action taken shall not be void but the time limits under Article 14 shall not commence until the notice is given. 22.02 It shall be a minimum period violation of notice consistent with the table below: Period of Continuous Service Period of Notice Up this Agreement, subject to the completion grievance and arbitration procedures herein, if a Nurse is suspended or disciplined, or has been discharged by the Employer without just cause. 22.03 If a Nurse is dismissed or suspended for cause, the Employer will advise a Labour Relations Representative of 1 year 1 week 1 year the Union in writing as soon as reasonably possible. 22.04 When a Nurse is to be advised in person of a disciplinary action the Employer shall advise the Nurse of the right to elect to have a representative of the Local Union at the meeting. The Employer will give the Nurse and up the Local union Representative reasonable advance notice of the meeting. The Employer will be notified prior to the completion meeting, of 3 years 2 weeks 3 years and up the Nurse’s intention to the completion of 5 years 3 weeks 5 years and over 4 weeks c) be accompanied by a Local union Representative. Where circumstances warrant an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two yearsimmediate meeting, the employee shall meeting may proceed should a representative not be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not givenreadily available. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in In the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 a suspension or termination, the union representation may be provided by a Labour Relations Representative of the Workplace Relations Regulations 2006Union. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Termination of Employment. a) Notice of termination shall 19.1 This Agreement may be terminated by the Company subject to 12 months notice and by Xx Xxxxxxxxx subject to 6 months notice. The Agreement expires without any prior notice in accordance conjunction with Mr Ingenlath’s retirement pursuant to Section 661 of the Act7. b) The Company shall give each employee a minimum period 19.2 In connection with either party’s termination of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two yearsthis Agreement, the employee Company shall be entitled to one weekrelieve Xx Xxxxxxxxx of his duties. Xx Xxxxxxxxx shall, however, remain at the Company’s disposal during the notice in addition period to that prescribed abovecarry out such duties, as the Board of Directors thinks fit. The Company is, however, entitled to permanently require Xx Xxxxxxxxx not to perform any work for the Company. d) Payment in lieu 19.3 During the notice period, Xx Xxxxxxxxx may not commence a new employment or start to conduct business without the prior written consent of the notice prescribed above Board of Directors. In the event that the Company accepts a request by Xx Xxxxxxxxx to commence new employment or conduct business, any income from such employment or business shall be made if the appropriate deducted from notice period is not given. Provided that employment may be terminated pay owed by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. For purposes of enabling the Company to calculate the correct notice pay, Xx Xxxxxxxxx is - as a prerequisite for receiving notice pay - obliged to monthly inform the Company about the level of income (if any) received from new employment or business. 19.4 If an employee fails his employment is terminated by the Company, Xx Xxxxxxxxx shall be entitled to give severance pay equivalent to 12 times the requisite monthly base salary he had at the expiry of his employment. The severance pay shall be paid monthly during a period of 12 months in equal instalments starting in the month after the expiry of his employment. Any income that Xx Xxxxxxxxx earns, or reasonably should have earned, from any other employment or business during the period for which he receives severance pay shall be deducted from the severance pay. Xx Xxxxxxxxx shall actively search for new employment and shall, not later than the 15th every month, inform the Company whether or not he has agreed to commence employment with a new employer. dated Xxxxxx Xxxxxxxxx Employment agreement. Security Class Confidential- C40 19.5 Salary during a notice period or severance pay shall not be payable for any period commencing on Mr Ingenlath’s retirement. 19.6 Xx Xxxxxxxxx is not entitled to any bonus distribution that may occur during the notice period. 19.7 In the event of Xx Xxxxxxxxx material breach of the obligations under this Agreement, the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that periodterminate the Agreement with immediate effect. Nothing Notwithstanding such termination, Xx Xxxxxxxxx obligations pursuant to Section 14 (Intellectual Property Rights), Section 15 (Confidentiality), Section 16 (Non-Competition), Section 17 (Non-Solicitation), Section 18 (Liquidated Damages) and Section 21 (Governing Law and disputes) shall remain in full force and effect. 19.8 Xx Xxxxxxxxx shall at the expiry of his employment deliver up to the Board of Directors all reports, papers, correspondence, documents and any other materials (including copies thereof) supplied, or entrusted to Xx Xxxxxxxxx or in Mr Ingenlath’s possession in connection with this clause employment and/or relating to the Company, its associated companies and/or their businesses and the same shall prevent at all times remain the sole property of the Company making payment in lieu of noticeor the associated company as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Polestar Automotive Holding UK LTD), Employment Agreement (Polestar Automotive Holding UK LTD)

Termination of Employment. a) Notice ‌ a. Employment may be terminated as follows: i. For employees notice of termination shall be in accordance with Section 661 of the Actone month by either party. b) The Company ii. For a fixed-term employee employment shall give each employee terminate upon the expiry of their term of employment but either party may terminate the employment at a minimum period of notice consistent with date prior to such expiry for which the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be one month by either party. iii. The above periods of notice may be varied by mutual agreement. iv. Clauses i. to iii. above shall not prevent the same as that required of the Company. If employer from summarily dismissing an employee fails to give the requisite notice the Company shall have for misconduct. b. The employer reserves the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due suspend on full pay any employee involved in a disciplinary procedure where the employer considers suspension to be in the best interests of any of those involved. c. An employee may be required by the employer to relinquish employment based on the certificates of two medical practitioners nominated by the employer certifying that the employee on terminationis no longer capable of undertaking the full duties of their position. The employer will, with a maximum amount equal to the equivalent pay for during the period of notice, consider redeployment to any vacancy for which the employee is suited. The employer will meet the costs of said medical examinations. The employer will, in these circumstances, normally give the employee not less than three months’ notice of termination provided that a lesser period may apply by mutual agreement. g) Where an employee has given or been given d. Each employee, upon termination, shall on request be provided with a certificate of service, within a reasonable period. e. Redundancy notice: Employees to be declared surplus, due to their position no longer being required, shall receive not less than two months’ notice of termination of their employment he or she shall continue in employment until and, during this period, the date employer will consider redeployment of the expiration employee to another similar position which may be available. Retraining of such noticeaffected employees for a significant career change will be considered. Any The cost of retraining will be no more than what the affected employee who, having given or been given such would have received for a redundancy payment. f. The notice period for staff employed in the research funded category is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeone month.

Appears in 2 contracts

Samples: Individual Employment Agreement, Individual Employment Agreement

Termination of Employment. 15.1 Prior to reaching a decision to terminate the employment of an employee, other than a casual, on grounds other than would justify summary dismissal, the employer will: (a) inform the employee that the termination of their employment is being considered; (b) advise the employee of the reasons why termination of their employment is being considered; and (c) provide the employee with an opportunity to respond to the reasons why termination of their employment is being considered. 15.2 Subclause 15.1 does not apply to employees who are terminated during their qualifying period of employment. 15.3 Notice of termination is provided for in the NES. (a) Notice of termination shall be is provided for in accordance with Section 661 of the ActNES and applies to all employees other than casual employees. (b) The Company shall give each Notice of termination by either the employer or employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of is Not more than 1 year 1 one (1) week More than 1 year and up to the completion of but not more than 3 years 2 two (2) weeks More than 3 years and up to the completion of but not more than 5 years 3 three (3) weeks More than 5 years and over 4 four (4) weeks (c) Where an the employee is over 45 years of age at the time of termination and has a period completed two continuous years of continuous service with the company in excess of two years, employer the employee shall be is entitled to one an additional week’s notice in addition to that prescribed abovenotice. (d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be an employee is the same as that required of an employer as set out at Clause 15.3 except that there is no requirement on the Company. If employee to give additional notice based on their age. (e) An employer may summarily dismiss an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the for gross and wilful misconduct. An employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice who is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall summarily dismissed is not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making notice, or payment in lieu of notice. (f) Where the employer terminates the employment of the employee and does not require the serving of the notice period the employer will pay the employee the amount in lieu of working out the notice period. (g) In respect of any forfeiture by the employee of wages in lieu of providing notice, the employee may at any time authorise the employer, in writing, to deduct from any monies due to the employee on termination an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by this clause less any period of notice actually given by the employee. (h) Should an employer not receive such an authorisation from the employee, the employer may recover such outstanding amount from the employee in the appropriate statutory tribunal. It is acknowledged that the employee has the same rights to pursue an employer for underpayment in the appropriate jurisdiction. (i) In respect of this requirement for an employer to provide notice or pay in lieu of notice under this clause, nothing in this clause shall exclude the application of Subdivision C Division 11 of Part 2-2 of the Act. (j) It is the intention of this clause that the employer and employee provide appropriate notice upon termination.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of 17.1 An Employer may dismiss a Permanent Employee by giving the Act. b) The Company shall give each employee a minimum period of notice consistent with the table belowfollowing notice: Period of Continuous Service Period of Notice Up to the completion of Less than 1 year 1 week 1 year and up to the completion of but less than 3 years 2 weeks 3 years and up to the completion of but less than 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 17.2 In addition to the clause 17.1, Employees 45 years of age old or over and who have completed at the time of termination and has a period of least 2 years' continuous service with the company in excess of two years, the employee Employer shall be entitled to one an additional week’s 's notice. 17.3 The period of notice in addition to this clause shall not apply in the case of dismissal for misconduct or other grounds that prescribed abovejustify instant dismissal, or in the case of a casual Employee, or an Employee engaged by the hour or day, or an Employee engaged for a specific period or tasks. d) 17.4 Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided , provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) 17.5 The Employer will calculate any payment in lieu of notice using the wages the Employee would have received for ordinary time had they worked during the period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006notice. f) 17.6 Any payment payable by the Employer to the Employee at the date of termination will be paid to the Employee on the payday following the date of termination if that the Employee has returned all company property including keys. The date of termination is the Employee's last day at work. 17.7 An Employee will give the same notice of termination required as the Employer pursuant to be given by employees shall be the same as that required of the Company. clause 17.1. 17.8 If an employee Employee fails to give notice, the requisite notice the Company Employer shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) monies due to the employee on terminationEmployee, including leave entitlements, with a maximum amount equal to the equivalent pay for amount the period of Employee would have received under clause 17.4. 17.9 A casual Employee can be dismissed without notice. g) 17.10 Where an employee the Employer has given or been given notice of termination to an Employee, the Employee will be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the Employee after consultation with the Employer. 17.11 We may terminate your employment he without giving notice if your conduct is clearly inconsistent with the continuation of employment. Conduct which may justify termination of your employment without notice includes (but is not limited) to: ▪ Being intoxicated or she shall continue in employment until under the date influence of the expiration illegal drugs ▪ Theft, fraud, assault or other criminal behaviour; ▪ Sexual harassment and other offensive or harassing behaviour; ▪ Disregard for health and safety obligations; ▪ Refusal to carry out a lawful and reasonable instruction; or ▪ Neglect of such noticeduty .i.e. Any employee who, having given not turning up for rostered shift or been given such not giving enough notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.unauthorised absence

Appears in 2 contracts

Samples: Employee Collective Agreement, Employee Collective Agreement

Termination of Employment. a(1) Notice of termination shall Employment under this Agreement may be terminated in accordance with Section 661 of the Actthis clause, including CMA’s right to dismiss an employee without notice for conduct that justifies instant dismissal. b(2) The Company Subject to the provisions of this clause, each party shall give each employee a minimum to the other party the appropriate period of notice consistent of termination and the employment shall terminate upon the expiry of the notice period. The following schedule for notice period shall apply: Where the employee's period of continuous service with the table belowCMA is: Period The period of Continuous Service Period of Notice notice is: Up to the completion of 1 year 1 week 1 year and up to the completion of or more but less than 3 years 2 weeks 3 years and up to the completion of or more but less than 5 years 3 weeks 5 years and over or more 4 weeks c(3) Where an The period of notice will be increased by one week where the employee is over 45 years of age at the time of termination and has a period completed two years of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveCMA. d(4) Payment in lieu of the notice prescribed above shall will be made if the appropriate notice period is not given. Provided given and will be at the discretion of CMA. (5) In calculating the payment in lieu of notice, CMA shall pay the employee the ordinary wages that employment may be terminated by part of would have been earned during the period of notice specified and part payment in lieu thereofnotice. e(6) Nothing in this clause will affect CMA’s right to summarily dismiss an employee for conduct justifying such action, including but not limited to: (A) Dishonesty such as theft, defrauding CMA; displaying violent or abusive behaviour; flagrant disregard for safety and/or serious breach of OHS policy or procedure; wilful disobedience of any lawful direction; misrepresentation of your qualifications or employment history; or misconduct of a sort which may injure CMA’s reputation or expose CMA to legal liability. (7) Cancellation or suspension of the employees drivers licence, certificates of competency or qualifications necessary for the employee’s employment with CMA may result in termination of the employee’s employment on the basis of their employment being frustrated. If the employee’s employment is terminated because of loss of licence, certificates of competency or qualifications, CMA is not required to provide the employee with any notice. (8) The period of notice proscribed in this clause shall not apply in the case of dismissal casual employees, or employees engaged for conduct that justifies serious misconduct as defined in Regulation 12.10 a specified period of the Workplace Relations Regulations 2006time or specified task(s). f(9) The In instances where employees do not provide CMA with the necessary notice of termination required period, CMA may without prior permission from the employee, deduct from any payments owing to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee them on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until employment, the date of the expiration of such notice. Any employee who, having given or been given such remaining notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Employer Greenfield Agreement, Greenfield Agreement

Termination of Employment. (a) Notice Four (4) weeks written notice of termination resignation shall be given regarding resignation of employment by the Nurse, unless mutually satisfactory arrangements are made otherwise. Accrued vacation, holiday and overtime benefits shall be paid out on the day of resignation or on the next regular pay day where the resignation day and pay day are not the same. (b) When a Nurse resigns, is discharged, retires or dies, the Nurse or the estate shall receive payment in accordance with Section 661 proportion to any unused vacation leave credits, holiday leave credits and overtime lieu time credits, computed as of the Actlast day of employment. The Employer is entitled to withhold any monies owed to the Employer from any accrued benefits. b) The Company 22.01 In the event of suspension or termination of a Nurse’s employment by the Employer, the Nurse shall give each employee be given written reasons for the action taken. If this procedure is not followed, the action taken shall not be void but the time limits under Article 14 shall not commence until the notice is given. 22.02 It shall be a minimum period violation of notice consistent with the table below: Period of Continuous Service Period of Notice Up this Agreement, subject to the completion grievance and arbitration procedures herein, if a Nurse is suspended or disciplined, or has been discharged by the Employer without just cause. 22.03 If a Nurse is dismissed or suspended for cause, the Employer will advise a Labour Relations Representative of 1 year 1 week 1 year the Union in writing as soon as reasonably possible. 22.04 When a Nurse is to be advised in person of a disciplinary action the Employer shall advise the Nurse of the right to elect to have a representative of the Local Union at the meeting. The Employer will give the Nurse and up the Local Union Representative reasonable advance notice of the meeting. The Employer will be notified prior to the completion meeting, of 3 years 2 weeks 3 years and up the Nurse’s intention to the completion of 5 years 3 weeks 5 years and over 4 weeks c) be accompanied by a Local union Representative. Where circumstances warrant an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two yearsimmediate meeting, the employee shall meeting may proceed should a representative not be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not givenreadily available. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in In the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 a suspension or termination, the union representation may be provided by a Labour Relations Representative of the Workplace Relations Regulations 2006Union. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Termination of Employment. (a) If a Change in Control Date occurs during the Term, any termination of the CEO’s employment by the Company or by the CEO within 24 full calendar months following the Change in Control Date (other than due to the death of the CEO) shall be communicated by a written notice to the other party hereto (the “Notice of termination shall be Termination”), given in accordance with Section 661 7. Any Notice of Termination shall: (i) indicate the specific termination provision (if any) of this Agreement relied upon by the party giving such notice; (ii) to the extent applicable, set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination for the CEO’s employment under the provision so indicated and (iii) specify the Date of Termination (as defined below). The date on which an employment termination becomes effective (the “Date of Termination”) shall be the close of business on the date specified in the Notice of Termination (which date shall be 30 days after the date of delivery of such Notice of Termination), in the case of a termination other than due to the CEO’s death or the date of the ActCEO’s death, as the case may be. (b) The failure by the CEO or the Company to set forth in the Notice of Termination any fact or circumstance which contributes to a showing of Good Reason or Cause shall give each employee a minimum period not waive any right of notice consistent with the table below: Period of Continuous Service Period of Notice Up CEO or the Company, respectively, to assert any such fact or circumstance in enforcing the completion of 1 year 1 week 1 year and up to CEO’s or the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeksCompany’s right hereunder. (c) Where an employee is over 45 years Any Notice of age at Termination for Cause given by the time Company must be given within 60 days of the occurrence of the event(s) or circumstance(s) which constitute(s) Cause. Prior to any Notice of Termination for Cause being given (and prior to any termination and has a period of continuous service with the company in excess of two yearsfor Cause being effective), the employee CEO shall be entitled to one weeka hearing before the Board at which he may, at his election, be represented by counsel and at which he shall have a reasonable opportunity to be heard. Such hearing shall be held with not less than 15 days’ prior written notice to the CEO stating the Board’s notice intention to terminate the CEO for Cause and stating in addition to that prescribed abovedetail the particular event(s) or circumstance(s) which the Board believes constitutes Cause for termination. (d) Payment in lieu Any Notice of Termination for Good Reason given by the CEO must be given within 60 days of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part occurrence of the period of notice specified and part payment in lieu thereofevent(s) or circumstance(s) which constitute Good Reason. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Retention Agreement (Icu Medical Inc/De), Retention Agreement (Icu Medical Inc/De)

Termination of Employment. a) Notice 23.1 This employment ends on [the date set out in paragraph 2.3 above] or if there is no specified date, [on the happening of the event specified in paragraph 2.3, and in this case, one week of notice of termination will be provided by the Employer]. 23.2 During the currency of this agreement the Employer may terminate this agreement for cause, by providing [one week of notice during any agreed trial / probationary period and thereafter] two weeks of notice in writing to the Employee. The Employer may, at its discretion, pay remuneration in lieu of some or all of this notice period. In the event of termination prior to the date / event specified in paragraph 2.3 the Employer shall not be in accordance with Section 661 liable to pay remuneration for the remainder of the Actfixed term period. b) 23.3 The Company shall Employee is required to give each employee a minimum period two week of notice consistent with of resignation, in writing. The Employer may, at its discretion, pay remuneration in lieu of some or all of this notice period. If the table below: Period of Continuous Service Period of Notice Up Employee fails to provide the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two yearsagreed notice, the employee parties agree that the Employer shall be entitled to one weekcompensation for this breach of this agreement, and the parties agree that this shall be calculated at the rate x per cent of the employee’s pay per day, which represents a genuine pre-estimate of the costs incurred by the employer as a result of the employee’s failure to work the contractual notice in addition to that prescribed aboveperiod. d) Payment 23.4 Where the Employee gives notice to terminate by resignation, the Employer may at any time direct the Employee to undertake such duties, directly or indirectly related to the Employee's position, as the Employer may think fit, or direct the Employee not to report for work and in lieu either case up to the termination of the notice prescribed above Employee's employment the Employee and Employer shall be made if remain bound by their obligations of trust and confidence and the appropriate notice period is not given. Provided that employment may be terminated by part terms of the period of notice specified and part payment in lieu thereofthis agreement. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 2 contracts

Samples: Fixed Term Individual Employment Agreement, Fixed Term Individual Employment Agreement

Termination of Employment. (a) Notice In cases of layoff or discharge other than for just cause, thirty (30) calendar days’ notice shall be given to all employees whose services are to be terminated or a sum equal to thirty (30) calendar days salary in lieu of such notice shall be granted. (b) Temporary employees will not be given fourteen (14) calendar days’ notice where they are advised when hired as to the duration of their employment. (c) Permanent employees whose positions are declared redundant, or permanent employees who are displaced as a result of subsequent bumping by a redundant permanent employee, and who are unable to bump or unable to be placed in other employment shall be given notice of termination shall be or pay in accordance with Section 661 lieu of the Act. b) notice. The Company shall give each employee a minimum period of notice consistent with shall depend upon the table below: Period employee's age and completed years of Continuous Service Period continuous service since the last date of Notice Up to the completion employment, as per Schedule C. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) notice. Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two yearseligible to receive severance pay, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment period and/or the amount of pay in lieu of the notice prescribed above shall be made if reduced accordingly. Employees who are reemployed with any Employer covered by the appropriate coalition negotiations shall be required to pay back part of any severance pay/pay in lieu of notice period is they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee and/or the amount paid to a financial institution on behalf of an employee. 37.02 Permanent employees shall give the Employer thirty (30) calendar days written notice and part-time and temporary employees shall give fourteen (14) calendar days written notice of intention to terminate their employment. Employees shall be permitted to withdraw such notice of their intention to terminate their employment within seven (7) calendar days of submission of such notice, provided that the original notice was submitted within the required time frame. 37.03 Annual leave shall not given. Provided that employment may be terminated by used as any part of the period of notice specified and part payment referred to in lieu thereofthis Article. e) The period 37.04 Periods of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 may be reduced or eliminated by mutual consent of the Workplace Relations Regulations 2006employees and Employer. f) The notice 37.05 Upon termination of termination required to be given by employees shall be the same as that required of the Company. If service, an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding may receive pay for all his/her current earned annual leave payable upon termination) due not taken by him/her prior to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice date of termination of employment he or she shall continue in employment until his/her service plus for his/her accumulated and accrued annual leave up to a maximum of twenty (20) days not taken by him/her prior to the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticetermination plus any salary due him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 by the employer (i) In order to terminate the employment of an employee the Act. b) The Company Employer shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of employee the following notice. 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over 4 weeks c(ii) Where an employee is In addition to the notice in (a)(i) above, employees over 45 years of age at the time of termination and has a period the giving of the notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(iii) Payment in lieu of the notice prescribed above in (a)(i) and/or (a)(ii) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified notice, and part payment in lieu thereofof notice. e(iv) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the Employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: (1) the employee’s ordinary hours of work (even if not standard hours); and (2) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and (3) any other amounts payable under the employee’s contract of employment (v) The period of notice in this clause shall does not apply apply: (1) in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 misconduct; (2) to employees engaged for a specific period of time or for a specific task or tasks; (3) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Workplace Relations Regulations 2006agreement; or (4) to casual employees. f(vi) Continuity of service shall be calculated in the manner prescribed under this Agreement (b) Notice of termination by employee (i) The notice of termination required to be given by employees an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the Company. age of the employee concerned. (ii) If an employee fails to give the requisite notice specified in (a)(i) the Company shall have employer has the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) monies due to the employee on termination, with to a maximum amount equal to the equivalent pay for amount the period employee would have received under (a)(iv), subject to the requirements of notices.324 (1) (b) of the Fair Work Act 2009. g(c) Job search entitlement Where an employee employer has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any to an employee, an employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed allowed up to have abandoned employment and one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall not be entitled taken at times that are convenient to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeemployee after consultation with the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails falls to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of 33.1. Other than for casual employees, following the Act. b) The Company shall give each employee a minimum probationary period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by the employee or the Company giving the following notice Not more than 1 year At least 1 week More than 1 year but not more than 3 years At least 2 weeks More than 3 years but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks 33.2. The Company shall give employees an additional one weeks notice if they are over 45 years old and have completed at least two years continuous service with the Company as at the date of giving notice. 33.3. The Company at its discretion may give payment in lieu of notice, or part of the period of notice specified and part payment in lieu. The payment in lieu thereof. e) The period of notice in this clause shall not apply in equal the case total of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 all amounts that, if employment had continued to the end of the Workplace Relations Regulations 2006. f) The required notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice period, the Company shall would have the right become liable to withhold wages and/or entitlements (excluding annual leave payable upon termination) due pay to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue employee. Overtime payments are not included in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. 33.4. If employees fail to give required notice, or give notice, or are given notice but leave before the end of the notice period, they shall forfeit the amount that would equal payment in lieu of notice, from any money owed by the Company. 33.5. If an employee provides notice of termination before commencing annual or long service leave or while on annual or long service leave, the notice period will not commence until the conclusion of the leave period, unless agreed by the Company. 33.6. Nothing in this clause affects the Companies right to dismiss a employee without notice for serious misconduct in which case the employee shall only be entitled to be paid for the time worked up to dismissal. In this subclause, serious misconduct includes, (but is not limited to) any serious or persistent breach of this Agreement or the Companies policies, dishonesty, fraud, breach of safety provisions, wilful damage to Company property, harming or threatening co-workers, breach of the Company alcohol and drugs in the workplace policy or workplace smoking policy, gross negligence, unauthorised or prolonged absenteeism, breach of the confidentiality requirements of this Agreement, or if a employee loses his or hers drivers licence, or other relevant qualifications and this obstructs the performance of the employees duties. 33.7. Casual employees employment may be terminated on one hours notice on either side, or payment or forfeiture of one hours pay in lieu of working of notice.

Appears in 1 contract

Samples: Employee Collective Workplace Agreement

Termination of Employment. a) 17.1 Notice of termination shall be in accordance with Section 661 by employer 17.1.1 In order to terminate the employment of an employee, the Act. b) The Company employer shall give each to the employee a the following minimum period of notice consistent with the table belownotice: Period of Continuous Service continuous service Period of Notice Up to the completion of 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over 4 weeks c) Where an employee is 17.1.2 In addition to the notice prescribed herein, employees over 45 years of age at the time of termination and has a period the giving of continuous service the notice with the company in excess of not less than two years' continuous service, the employee shall be entitled to one an additional week’s notice in addition to that prescribed above's notice. d) 17.1.3 Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) 17.1.4 For the purposes of this subclause, notice given at or before the commencement of any shift shall commence to run from the beginning of such shift and notice given after the commencement of a shift shall not begin to run until the commencement of the next succeeding shift. 17.1.5 In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time he/she would have worked during the period of notice had his/her employment not been terminated shall be used. 17.1.6 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined instant dismissal, including malingering, inefficiency or neglect of duty, or in Regulation 12.10 the case of the Workplace Relations Regulations 2006casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks. f) 17.1.7 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed in Calculation of Continuous Service of this Agreement. 17.2 Notice of termination by employee 17.2.1 The notice of termination required to be given by employees an employee shall be the same as that required of the Company. employer, save and except that there shall be no additional notice based on the age of the employee concerned. 17.2.2 If an employee fails to give the requisite notice the Company employer shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) moneys due to the employee on termination, with a maximum amount equal to the equivalent ordinary time rate of pay for the period of notice. g) Where 17.2.3 Provided that where an employee and, employer agree, the employee may be released prior to the expiry of the notice period with payment of wages to the date of termination only. 17.3 Time off during notice period Where the employer has given or been given notice of termination of employment he or she shall continue in employment until to an employee, the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed allowed up to have abandoned employment and one day's time off without loss of pay for the purpose of seeking other employment. The time off shall not be entitled taken at times that are convenient to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeemployee after consultation with the employer.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. 1. Termination of employment by either Employer or Employee shall follow established Sierra Health Services Policies and Procedures including appropriate notice, except as otherwise specifically set forth in this Article. 2. Employee may terminate employment hereunder with sixty (60) days prior written notice. If Employee shall voluntarily terminate employment all eligible separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, shall be paid or made available to Employee. 3. If Employer shall terminate Employee's employment hereunder without cause, except as otherwise set forth in Paragraph 7 of this Article, Employee shall be entitled to twelve (12) months salary and all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. 4. In the event Employee's employment hereunder terminates for any reason other than for cause, including those reasons set forth in Paragraph 6 of this Article, Employee and his/her family shall be eligible to remain covered under Employer's health care coverage program, at no expense, for a period of time equal to Employee's length of service or until Medicare eligible, whichever occurs first, following termination of such employment. 5. Notwithstanding any other provision in this Agreement to the contrary, Employee hereby agrees that any separation compensation due to Employee, other than accrued vacation, shall be paid out 25% after the first 90 days, 37 1/2% after the first 180 days, and the remaining 37 1/2% at the end of 365 days, except in the event of a change in control. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. Any payments of such amounts which would otherwise be payable after a change in control, or arising as a result of a change in control, shall be made in a lump sum within five (5) business days following the date of the change in control and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 6. If Employer shall terminate Employee's employment due to Employee's conduct that is materially detrimental to the Company's reputation, business relationships, or for misappropriation of Employer's funds, Employee shall be eligible for four (4) weeks salary and any other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, as full and final payment under this Agreement. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. (a) Notice If Employee is unable to perform Employee's duties hereunder, by reason of termination illness or incapacity of any kind, for a period of more than six (6) months in excess of accrued sick leave, Employee's employment hereunder may be terminated by Employer at its absolute discretion with one week of prior written notice. (b) If Employee's illness or incapacity shall have ended, and Employee shall have assumed Employee's duties hereunder, prior to the date specified in the notice of termination, Employee shall be entitled to resume Employee's employment hereunder as if such notice had not been given. 8. In the event of a change in accordance with Section 661 control of Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the Act. bSecurities Exchange Act of 1934) The Company is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in control was not approved by a majority of the Board of Directors of Employer, Employee, at his/her sole option, shall give each employee be entitled to terminate his/her employment hereunder and, upon such termination, will be entitled to a minimum period cash amount equal to (2.0) times Employee's current salary and the target annual bonus for which Employee is eligible in the year of notice consistent termination, together with any other separation compensation and benefits as are routinely made available to other employees of Employer at the table below: Period of Continuous Service Period of Notice Up same organizational level. Employee's right to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age terminate under this Paragraph 8 may be exercised at the time of termination the change in control or at any time within two years after the change in control, including upon receipt of any notice that Employer has elected to terminate Employee's employment without cause during such two-year period. Payment of such amounts shall be made in a lump sum within five (5) business days following the date such amounts become payable hereunder and has shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 9. In the event of a period change in control of continuous service with Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the company Securities Exchange Act of 1934) is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in excess control is approved by a majority of two yearsthe Board of Directors of Employer, the employee Employee, at his/her sole option, shall be entitled to one week’s notice terminate his/her employment hereunder and, upon such termination, will be entitled to a cash amount equal to (2.0) times Employee's current salary and the target annual bonus for which Employee is eligible in addition the year of termination, together with any other separation compensation and benefits as are routinely made available to that prescribed above. dother employees of Employer at the same organizational level, if, within two (2) Payment in lieu years after the effective date of the change in control any one of the following occurs: (a) the assignment to Employee of any duties inconsistent with Employee's position (including status, offices, titles, and reporting requirements), authority, duties, or responsibilities or any other action by the Company that results in a material diminution in such position, authority, duties, or responsibilities, excluding for this purpose an action not taken in bad faith and that is remedied by the Company within 10 days after receipt of written notice prescribed above by Employee; (b) a reduction in Employee's annual base salary or target bonus; (c) the relocation of the Company's principle executive offices to a location more than 75 miles from the current location of such offices or (d), in the event such change in control occurs within the final two years prior to the calendar date stated as the termination date of the Agreement in Article II, and if, prior to such stated termination date and prior to termination of Employee's employment, the Company has not offered to enter into an extension of this employment agreement or a new employment agreement providing benefits substantially equal to those under this agreement for a term to extend until at least two years after the date of such change in control. In addition, if Employee's employment hereunder is terminated for reasons other than those set forth in Paragraph 6 of this Article within two (2) years after the effective date of a change in control which was approved by a majority of Employer's Board of Directors, Employee shall be entitled to a cash amount equal to (2.0) times Employee's current salary and the target annual bonus for which Employee is eligible in the year of termination, together with all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. Payment of such amounts shall be made if in a lump sum within five (5) business days following the appropriate notice period is not givendate such amounts become payable hereunder, and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 10. Provided Anything contained herein to the contrary notwithstanding in the event that employment may be terminated by part Employer shall discontinue operation of Employer other than as a result of a merger, consolidation or acquisition, then this Agreement shall terminate and the provisions of Article VI shall terminate as of the period last day of notice specified the month in which Employer ceases operation with the same force and part payment in lieu thereofeffect as if such last day of the month were originally set as the termination date hereof. e) The period of notice in 11. Any amounts payable under this clause Article VII shall not apply also be payable to Employee in the case event Employee is terminated without cause during the 90-day period prior to a Change in Control. 12. Whether or not Employee becomes entitled to any payments under Paragraphs 1 through 11 of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 this Article VII, if any payments or benefits received, or to be received, by Employee (including the vesting of any option and other non-cash benefits and property), whether pursuant to any provision of this Agreement or any other plan, arrangement or agreement with Employer or any affiliated company, excluding the Gross-Up Payment described herein (such payments and benefits being the "Total Payments"), will be subject to any excise tax imposed under section 4999 of the Workplace Relations Regulations 2006. fInternal Revenue Code of 1986, as amended (such excise tax, including penalties and interest thereon, being the "Excise Tax"), Employer shall pay to Employee an additional amount (the "Gross-Up Payment") The notice of termination required to be given such that the net amount retained by employees Employee, after reduction for any Excise Tax on the Total Payments and any federal and Excise Tax on the Gross-Up Payment, shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay sum of (i) the Total Payments plus (ii) any deductions disallowed for federal income tax purposes because of the inclusion of the Gross-Up Payment in Executive's adjusted gross income multiplied by the Executive's highest marginal rate of federal income taxation for the period of noticecalendar year in which the Gross-Up Payment is to be made. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Employment Agreement (Sierra Health Services Inc)

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of one weeks notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that periodthe residual period of notice. Nothing in this clause shall prevent the Company making payment in lieu of notice. 1 Electrical Worker Grade 1 – 80% of base rate 1.1 An Electrical Worker Grade 1 is a labourer not otherwise provided for in this award, who is doing labouring work and employed as such. 1.2 Definitions applying to this grade of worker prior to 5 October 1990: Labourer.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. 12.1 Notice of termination is provided for in the NES. (a) Notice of termination shall be is provided for in accordance with Section 661 of the ActNES and applies to all employees other than casual employees. (b) The Company shall give each Notice of termination by either the employer or employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of is Not more than 1 year 1 one (1) week More than 1 year and up to the completion of but not more than 3 years 2 two (2) weeks More than 3 years and up to the completion of but not more than 5 years 3 three (3) weeks More than 5 years and over 4 four (4) weeks (c) Where an the employee is over 45 years of age at the time of termination and has a period completed two continuous years of continuous service with the company in excess of two years, employer the employee shall be is entitled to one an additional week’s notice in addition to that prescribed abovenotice. (d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be an employee is the same as that required of an employer as set out at Clause 12.1 except that there is no requirement on the Company. If employee to give additional notice based on their age. (e) An employer may summarily dismiss an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the for gross and wilful misconduct. An employee on terminationwho is summarily dismissed does not receive notice, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. (f) Where the employer terminates the employment of the employee and does not require the serving of notice the employer will pay the employee the amount in lieu of working out the notice period. (g) In respect of any forfeiture by the employee of wages in lieu of providing notice, the employee may at any time authorise the employer to deduct from their wages payable up to, or on, termination relevant wages payable in lieu of notice. (h) Should an employer not receive such an authorisation from the employee, the employer may recover such outstanding amount from the employee in the appropriate statutory tribunal. It is acknowledged that the employee has the same rights to pursue an employer for underpayment in the appropriate jurisdiction. (i) In respect of this requirement for an employer to provide notice or pay in lieu of notice under this clause, nothing in this clause shall exclude the application of Subdivision C Division 11 of Part 2-2 of the Act. (j) It is the intention of this clause that the employer and employee provide appropriate notice upon termination.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a(i) Notice In order to terminate the employment of termination shall be in accordance with Section 661 of an employee, other than a casual employee, the Act. b) The Company shall give each provide the employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a following notice. Employee’s period of continuous service with the company in excess employer Period of two yearsNotice Not more than 1 year At least 1 week More than 1 year but not more than 3 years At least 2 weeks More than 3 years but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks In the case of an employee being over the age of 45 years and have completed at least 2 years service, then 1 additional week shall be added to the above period(s). (ii) The employee shall be entitled to one week’s provide the same period of notice in addition order to that prescribed aboveterminate their employment. d(iii) Payment in lieu Should the required amount of the notice prescribed above shall not be made if the appropriate notice period is not given. Provided that employment provided by either party then an amount of money may be terminated by part paid or forfeited as the case may be to the equivalent of the period of notice specified and part payment in lieu thereofnot provided. The Company may withhold these monies from any entitlements due to the employee at the time of termination of their employment. e(iv) In the instance that an employee’s employment is to be terminated, both the Company and the employee may agree that termination take effect at a mutually agreeable time. In which case payment shall be made up to the time of termination. (v) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to terminate an employee’s employment, without the employee on termination, with a maximum amount equal to the equivalent pay for the period providing of notice. g) Where an employee has given notice or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice, for any of, but not limited to any of the following reasons.: Engages in any act or omission constituting misconduct in respect of their duties; In the opinion of the Company and consistent with the terms of this Agreement wilfully neglects to perform or carry out their powers, functions or duties in an agreed manner, sufficient to warrant summary dismissal; Commits a serious or persistent breach or non observance of any of the provisions of this Agreement; Is engaged in any conduct which in the opinion of the Company might tend to injure the reputation or standing of the Company; Refuses or neglects to comply with any lawful and reasonable order given to them by the Company or any pther person duly authorised by the Company; Commits a serious breach of any Company policy; Is convicted of an indictable offence, which means that the employee is unable to perform their contract of employment with the Company; Theft of any property or fund, whether it be from the Company, other employees The wilful or reckless damage of property on company premises. The use, possession, supply and/or distribution of alcohol or any unlawful substance during working hours, or the period immediately leading up to the commencement of duty, such that their performance of duties is impaired. Verbal or physical harassment of any other employee or individual on any of the restricted grounds, such as race, sex, colour, religion, origin, etc The assault of any person whilst on duty. The disclosure of confidential information or any other information in respect of the Company without written prior consent and for which may affect the Company; Carrying on private business from the Company’s premises or using Company resources for private use; Falsification of any Company records for personal gain or on behalf of another employee.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause Clause shall not apply in the case of dismissal casual employees or employees engaged for conduct that justifies serious a specific period of time or for a specific task or tasks. Except for misconduct justifying summary dismissal, the services of an employee shall be terminated by notice as defined in Regulation 12.10 of the prescribed by Workplace Relations Regulations 2006. fAct 1996 (Commonwealth) or by the payment of salary in lieu thereof. The notice of termination required to be given by employees shall be as prescribed under the same act is as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given follows: 1 year or been given notice of termination of employment he less 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks Employees aged 45 years or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not older will be entitled to payment an additional one weeks notice on completion of at least two years continuous service for work done within all employees other than casuals. (b) No employee shall, without the consent of the employer, resign without having given seven days’ notice of intention so to do or forfeiting salary earned during the pay period current at the time of resignation; provided that periodin no circumstances shall the employee forfeit more than seven days’ pay at the rates prescribed for his or her classification. Nothing in this clause shall prevent the Company making In calculating any payment in lieu of notice, the wages the Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used. (c) Upon the termination of the services of an employee, the employer shall furnish the employee with a written statement, duly signed by or on behalf of the employer, setting out the period of the employment and the capacity in which the employee was employed. (d) Discussions prior to decision to terminate employment Prior to determining whether to terminate the employment of an employee on the grounds other than would justify summary dismissal, the Employer shall: ▪ inform the employee that the termination of their employment is being considered; and ▪ advise the employee of the reasons for possible termination; and ▪ provide the employee with an opportunity to respond to any allegations regarding their conduct or performance and to show cause why their employment should not be terminated. (e) An employee shall be given reasonable time to respond, and shall be provided with details of any relevant material. An employee who wishes to be represented may, at the request of the employee, be represented by a representative of the employee’s choice, which may be a union representative. (f) Any request by the employee to meet and discuss the matter shall not be unreasonably refused.

Appears in 1 contract

Samples: Union Collective Agreement

Termination of Employment. a(i) Notice Termination of employees will be governed by Company Disciplinary Action Procedures, which allows for procedural fairness, counselling where appropriate and a formal warning system. Minor offences will incur an initial verbal warning, then two (2) written warnings and finally termination shall of employment. Serious or major offences will incur an initial verbal warning, then one (1) written warning and finally termination of employment. It is agreed that the following offences may warrant an official written warning with repeated offences leading to termination: Poor time keeping Below average work output Excessive absenteeism Untrades man like work Absence from site without proper approval Horseplay and skylarking Consumption or possession of illegal drugs or alcohol on site Abusive or obstructive attitude to clients Failure to re -instate a live Fire Alarm System without prior approval of superior Breach of Health and Safety requirements (ii) It is agreed that retrenchment of employees due to shortage of work may occur as conditions warrant such action. (iii) Full consultation with the employee representatives will take place prior to any retrenchments with a view to minimising or alternatively eliminating such action. (iv) Redundancy payments will be in accordance with Section 661 the following Table "Redundancy Pay". It is accepted that some projects will require payments into a redundancy fund in order to comply with that project’s site agreement. Where a project specifically overrides this agreement’s provision to the extent that redundancy payments must be paid on a weekly basis, irrespective of this agreement’s provision, then these payments will be made. In addition to the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where prescribed for original termination, an employee whose employment is over 45 years terminated, except for malingering, inefficiency or neglect of age at the time of termination and has a period of continuous service with the company in excess of two yearsduty, the employee shall be entitled to one week’s notice the following amount of redundancy pay in addition to that prescribed above. d) Payment in lieu respect of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the a continuous period of notice specified and part payment in lieu thereof. e) The period service. Years of notice in this clause shall not apply in the case Service If employee is under 45 years age e If employee is 45 yrs of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 age or more Less than one year Nil Nil At completion of the Workplace Relations Regulations 2006. f) The notice one year 4 weeks 5 weeks At completion of termination required to be given by employees shall be the same as that required two years 7 weeks 8.75 weeks At completion of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period three years 10 weeks 12.5 weeks At completion of notice. g) Where an employee has given or been given notice four years 12 weeks 15 weeks At completion of termination five years 14 weeks 17.5 weeks At completion of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.six years 16 weeks 20 weeks

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice A. All terminations will be based on just cause. B. Layoff/Recall 1. In all cases of termination lay-off and rehiring, length of service in the bargaining unit will govern, provided that the employee to be retained by reason of greater seniority is capable of filling the remaining jobs. 2. In the event it becomes necessary to reduce the number of bargaining unit members, employees shall be laid off in accordance with Section 661 inverse order of seniority within the Actbargaining unit. No probational or regular employee shall be laid off from any position while a temporary employee is still employed. The Board of Education shall give written notice to the employee and the Union of any proposed layoff and reasons therefore, a minimum of fifteen (15) calendar days prior to the effective date of layoff. b) The Company 3. Laid off permanent employee shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has have recall rights for a period of continuous service with two (2) years from the company in excess date of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not givenlayoff. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by Said employees shall be recalled by inverse order of layoff, with the most senior employee on layoff the first to be recalled. Recalled employees shall be credited with sick leave and seniority rights accumulated prior to a layoff, unless the same as that required are limited or abridged by some other provision of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such noticethis Agreement. Any employee whowho refuses recall shall lose all further recall rights. Failure to report to work within twenty (20) working days following notice to report, having given sent by registered or been given such notice certified mail to the employee's last known home address as it appears in the records of the Personnel Office, shall relieve the Board of any further obligation under this section of the Article. It is absent from the employee's responsibility to notify the Personnel Office in writing of any change in address. Notwithstanding the aforesaid, upon written request of the employee, the Board may at its sole option extend the date when said employee must report back to work without reasonable cause during such period shall be deemed under this Section. Failure of the Board of Education to have abandoned employment and grant the requested extension shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent a grievable matter by the Company making payment in lieu of noticeemployee or the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Termination of Employment. a) Notice of termination shall be 4.1 The Company may terminate the Employee's employment by giving to him not less than [O] months' prior notice in writing. The Employee may terminate his employment with the Company by giving to it not less than [O] months' prior written notice in writing. In any case where notice to terminate the employment is given in accordance with Section 661 this clause 4.1, such notice shall not be given so as to expire before September 3, 2001. [Notwithstanding the foregoing, the Company may terminate the Employee's employment by giving him not less than [O] months' prior notice in writing given at any time while the Employee shall have been incapacitated by reason of ill health or accident from performing his duties under this Agreement for a period of or periods aggregating 365 days in the preceding 12 months.] 4.2 Notwithstanding the provisions of Sections 1.1 and 1.2 the Company may at any time following the giving of notice by either party to terminate this Agreement and for such period as it may specify not exceeding the length of notice given cease to provide work for the Employee, in which event during such period the other provisions of this Agreement including those relating to the Employee's compensation and benefits shall continue to have full force and effect (subject to anything else to the contrary in this Agreement or the rules of any relevant scheme or plan which makes up the Employee's compensation) but the Employee shall not be entitled to access to any premises of the ActCompany or Imax nor shall contact any of their customers or suppliers. b) 4.3 The Company shall give each employee may, at its sole and absolute discretion, terminate the Employee's employment forthwith at any time by serving a minimum notice under this Section 4.3 stating that this Agreement is being terminated in accordance with this Section 4.3 and undertaking to pay to the Employee, in four equal installments, the first such installment being paid within 14 days of the date of termination and the remaining installments at regular intervals over the period that would otherwise have been the notice period worked, Base Salary plus an additional payment of 30% of Base Salary (in respect of benefits and Target Bonus) in lieu of any required period of notice consistent or unexpired part thereof (subject to tax and National Insurance) together with any accrued holiday entitlement and any unreimbursed expenses as outlined in Section 1.5. For the table below: Period avoidance of Continuous Service Period of Notice Up doubt, payments under this Section shall be subject to the completion provisions of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveSection 5. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided 4.4 The Employee agrees that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice at termination, the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due offset against compensation owed to the employee on terminationEmployee, with a maximum amount equal or deduct from it, any sums owed by the Employee to the equivalent Company. 4.5 The parties confirm that the notice and pay for in lieu of notice provisions contained in this Section 4. are fair and reasonable and the parties agree that upon any termination of this Agreement in accordance with such terms, the Employee shall have no action, cause of action, claim or demand against the Company or Imax or any other person as a consequence of such termination other than to enforce the obligations under this Section 4 (provided that this clause shall not prejudice the Employee's statutory employment rights). 4.6 If, during the period referred to in Sections 4.1 or 4.2, or during any period when the Employee is entitled to receive instalment payments under Section 4.3, the Employee breaches his obligations under Section 1 of noticeSchedule 1 of this Agreement, the Company may, upon written notice to the Employee, in the case of Sections 4.1 and 4.2, terminate the Employee's employment forthwith and cease, in the case of Sections 4.1, 4.2 or 4.3, to make any further payments (whether by instalments or otherwise) or provide any further benefits to him. g) Where an employee has given or been given notice of termination of employment he or she 4.7 The Company shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment terminate the Employee's employment hereunder at any time (herein referred to as termination for work done "Cause") without any claim for compensation, damages or otherwise if: (i) the Employee is prevented from working legally in the United Kingdom other than for reasons not within that period. Nothing in the Employee's reasonable control; (ii) the Employee commits any act or omission which is capable of amounting to a repudiatory breach of this clause shall prevent Agreement (for example, but without limitation, fraud or dishonesty); (iii) there is: (A) a continued failure, after warning, or (B) refusal by the Employee to perform the duties reasonably required of him as Chief Executive Officer and Managing Director; (iv) there is any material violation by the Employee of any United Kingdom law or regulation, which violation, when assessed objectively, significantly injures the financial condition or business reputation of the Company making payment or Imax, or the Employee is convicted of any criminal offence (other than an offence under the Road Traffic Acts for which a penalty of imprisonment cannot be imposed) which, when viewed objectively, could result in lieu injury to the financial condition or business reputation of noticethe Company or in circumstances where a custodial sentence of not less than 3 months is imposed; provided, however, that this section shall not apply to any instance wherein the Employee is charged or convicted with violation of a law or regulation which charge or conviction arises directly from the Employee's performance of his duties hereunder and/or from actions taken solely at the direction of the Company. (v) there is any other action by the Employee which he knew or ought reasonably to have known could have caused, when assessed objectively, significant injury to the financial condition or business reputation of the Company or Imax, or which he knew or reasonably should have known was likely to result in a violation by the Company or Imax of any United Kingdom, Canadian or United States federal, provincial, state or local law or regulation applicable to the business of the Company or Imax, which violation is injurious to the financial condition or business reputation of the Company or Imax. (vi) the Employee is disqualified from holding office as Director in the Company or Imax under the Insolvency Act 0000 xx the Company Directors Disqualification Act 1986 (or equivalent legislation in any other relevant jurisdiction) or he is disqualified or disbarred from membership of, or subject to any serious disciplinary sanction by, any professional or other body, which undermines the confidence of the board of Imax in the Employee's continued employment with the Company. For the purposes of Sections 2.2 and 2.5 only, a termination of the Employee's employment pursuant to Section 4.7 (iii)(A) shall be considered to be a termination not for Cause; provided, however, that upon a termination of the Employee's employment pursuant to Section 4.7 (iii)(A), all Bonus Shares (not already vested) shall not vest with immediate effect, but, rather, shall vest in accordance with the Vesting Schedule in Section 2.5, which shall remain uninterrupted. 4.8 In order to investigate a complaint against the Employee, the Company reserves the right to suspend the Employee on full compensation and benefits and to exclude him from any premises of the Company and Imax for so long as it deems necessary to carry out a proper investigation and to hold any appropriate disciplinary hearings. 4.9 The Employee agrees that he shall resign from the board of the Company and the board of any other Imax company of which he is director: 4.9.1 if at any time during the Employment Term the Employee is prevented from performing his duties for a consecutive period of not less than 100 days whether through sickness or otherwise or because the Company has exercised its rights under clause 4.2 and in either case only where the Company requires the Employee to resign; and in any event. 4.9.2 at the end of the Employment Term and the Employee authorizes the Company to appoint someone on his behalf and as his attorney to effect such resignation if the Employee fails to resign within 5 working days of being so requested or of the end of the Employment Term.

Appears in 1 contract

Samples: Employment Agreement (Imax Corp)

Termination of Employment. a(i) Notice Except for misconduct justifying summary dismissal, subject to 37(ii) below, the following notice periods will apply upon termination of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table belowemployment: Period of Continuous Service Period of Notice Up to the completion of Not more than 1 year 1 week More than 1 year and up to the completion of but not more than 3 years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeks c(ii) Where An employee who is a Director of Nursing, will be entitled to 4 weeks’ notice or by the payment of twenty eight days salary in lieu thereof regardless of length of service. (iii) If an employee is over 45 years of age at the time of termination old and has a period completed at least 2 years of continuous service with the company in excess employer at the end of two years, the day the notice is given the employee shall be is entitled to one week’s notice in addition to that prescribed above1 weeks’ additional leave. d(iv) Payment in lieu No employee shall, without the consent of the employer, resign without having given fourteen days’ notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply (or in the case of dismissal a director of nursing, twenty eight days’ notice weeks’ notice) of intention so to do or forfeiting salary earned during the pay period current at the time of resignation; provided that in no circumstances shall the employee other than a Director of Nursing forfeit more than fourteen days’ pay, and a director of nursing more than twenty eight days pay at the rates prescribed for conduct that justifies serious misconduct as defined in Regulation 12.10 the employee’s classification by Clause 9, Wages and Allowances, of this Agreement. (v) Upon the termination of the Workplace Relations Regulations 2006. f) The notice services of termination required to be given an employee, the employer shall furnish the employee with a written statement, surely signed by employees shall be the same as that required or on behalf of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on terminationemployer, with a maximum amount equal to the equivalent pay for setting out the period of noticethe employment and the capacity in which the employee was employed. g(vi) Where Employees who have accrued additional days off duty pursuant to subclause (viii) of Clause 6, Hours of Work and Free Time of Employees Other Than Directors of Nursing, shall be paid for such accrued time at ordinary rate of pay upon termination. (vii) Prior to reaching any decision to terminate the employment of an employee has given or been given notice of on grounds other than would justify summary dismissal, the employer will: (a) Inform the employee that the termination of their employment he or she shall continue in employment until is being considered; (b) Advise the date employee of the expiration of such notice. Any reasons for termination; and (c) Provide the employee who, having given or been given such notice is absent from work without reasonable with an opportunity to show cause during such period why their employment should not be terminated. (viii) An employee shall be deemed given reasonable time to have abandoned employment respond, and shall not be entitled provided with details of any relevant material. An employee who wishes to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticebe represented may be represented by a workplace representative.

Appears in 1 contract

Samples: Nurses & Midwives’ Enterprise Agreement 2015 – 2019

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee A probationary Employee may resign at any time by giving a minimum of two weeks written notice to the Employer, or a shorter period of notice consistent that is agreed with the table below: Employer. In the event that the Employee’s conduct or performance during the Probationary Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two yearsunsatisfactory, the employee shall be entitled to one weekEmployer may terminate the probationary Employee’s employment by giving two weeks’ notice in addition to that prescribed above. d) Payment or two weeks’ pay in lieu of the notice prescribed above shall be made if the appropriate notice. Any notice period is not givenmust be given no later than two weeks’ prior to the end of the Probationary Period. Provided that Alternatively, the Employee’s employment may be terminated by part giving two weeks’ pay in lieu of notice prior to the end of the period of Probationary Period. A probationary Employee’s employment may be terminated without notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticenotice if the Employee has committed any act of serious misconduct (as defined in regulation 1.07 of the Fair Work Regulations 2009). An Employee’s absence from work for any period during the Probationary Period does not inhibit the Employer from terminating the Employee’s employment under this subclause. Provisions relating to salary, leave and all other entitlements contained within this Agreement apply to part-time Employees on a pro rata basis calculated on the number of ordinary hours worked. Part-time employment is for not less than three consecutive hours in any day worked except: if the Employee works from home by agreement with the Employer; or with the agreement of the Employee. Part-time employment may be worked only by agreement between the Employee and the Employer, where that agreement includes a roster specifying: the days in each fortnight the Employee will work; and the start and finish times on the days which the Employee will work; and the number of hours the Employee will work on each day they work; and agreed processes for the variation of hours of work. Rostered hours agreed under clause 20.4(c) will be considered the Employee’s ordinary hours. The Employer must determine a usual place or places of work for an Employee. The Employer may change an Employee’s usual place or places of work, on either a temporary or permanent basis, in accordance with this clause. For any change to an Employee’s usual place or places of work: The Employer must consider any alternative proposal put by an Employee who can demonstrate hardship in their personal circumstances arising from the change; and The Employer must consider any disabilities the Employee may have and whether because of that, the Employee would be adversely affected by a change to work location; and The Employer must ensure that any mobility aids or reasonable adjustments in place for an Employee continue at the new place or places of work.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice A permanent Employee may terminate their employment by a weeks’ notice or by the forfeiture of termination shall a week’s wages. Casual employment may be in accordance with Section 661 of the Actterminated by eight hours’ notice on either side. b) The In the event of redundancy or dismissal of a permanent Employee (with the exception of a fixed term/project Employee, a casual Employee, or an Employee terminated for serious misconduct) the Company shall give each employee Employee a minimum period of notice consistent with the table belowfollowing table: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee Employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee Employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006misconduct. f) The notice of termination required to be given by employees Employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticeone week. g) Where an employee Employee has given or been given notice of termination of employment he or employment, he/she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. h) Where the Company has given notice of termination to an Employee, the Employee shall be allowed up to one day’s paid time off during the notice period with pay to seek other employment. i) Except for casuals, where the Company terminates the employment of an Employee, except by reason of the misconduct of the Employee within j) 10 days prior to a public holiday or group of holidays, the Employee shall be paid for that holiday or group of holidays, provided that they have been employed for a period of at least one week prior to the termination of employment. Provided further, where an Employee is re-employed within a period of one month of the termination of employment, the Employee shall be paid for all holidays occurring within the period between the termination of service and re-employment.

Appears in 1 contract

Samples: Etu NSW/Act Construction Union Agreement

Termination of Employment. a(1) Notice of termination shall Employment under this Agreement may be terminated in accordance with Section 661 of the Actthis clause, including CMA’s right to dismiss an employee without notice for conduct that justifies instant dismissal. b(2) The Company Subject to the provisions of this clause, each party shall give each employee a minimum to the other party the appropriate period of notice consistent of termination and the employment shall terminate upon the expiry of the notice period. The following schedule for notice period shall apply: Where the employee's period of continuous service with the table belowCMA is: Period The period of Continuous Service Period of Notice notice is: Up to the completion of 1 year 1 week 1 year and up to the completion of or more but less than 3 years 2 weeks 3 years and up to the completion of or more but less than 5 years 3 weeks 5 years and over or more 4 weeks c(3) Where an The period of notice will be increased by one week where the employee is over 45 years of age at the time of termination and has a period completed two years of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveCMA. d(4) Payment in lieu of the notice prescribed above shall will be made if the appropriate notice period is not given. Provided given and will be at the discretion of CMA. (5) In calculating the payment in lieu of notice, CMA shall pay the employee the ordinary wages that employment may be terminated by part of would have been earned during the period of notice specified and part payment in lieu thereofnotice. e(6) Nothing in this clause will affect CMA’s right to summarily dismiss an employee for conduct justifying such action, including but not limited to: (A) Dishonesty such as theft, defrauding CMA; displaying violent or abusive behaviour; flagrant disregard for safety and/or serious breach of OHS policy or procedure; wilful disobedience of any lawful direction; misrepresentation of your qualifications or employment history; or misconduct of a sort which may injure CMA’s reputation or expose CMA to legal liability. (7) Cancellation or suspension of your drivers licence, certificates of competency or qualifications necessary for your employment with CMA may result in termination of your employment on the basis of your employment being frustrated. If your employment is terminated because of loss of licence, certificates of competency or qualifications, CMA is not required to provide you with any notice. (8) The period of notice proscribed in this clause shall not apply in the case of dismissal casual employees, or employees engaged for conduct that justifies serious misconduct as defined in Regulation 12.10 a specified period of the Workplace Relations Regulations 2006time or specified task(s). f(9) The In instances where employees do not provide CMA with the necessary notice of termination required period, CMA may without prior permission from the employee, deduct from any payments owing to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee them on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until employment, the date of the expiration of such notice. Any employee who, having given or been given such remaining notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Employment Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply 28.01 Except in the case of dismissal for conduct that justifies serious misconduct as defined just cause, thirty (30) calendar days' notice, in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required writing, shall be given to permanent or probationary permanent employees whose services are to be given by employees terminated. If such notice is not given, the employee shall be paid for the same as that required number of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for days by which the period of noticenotice was reduced. g28.02 Except in the case of dismissal for just cause, fourteen (14) Where an calendar days' notice, in writing, will be given to temporary employees whose services are to be terminated, provided that such employees are not hired for a specified time period. If such notice is not given, the employee has given shall be paid for the number of days by which the period of notice was reduced. 28.03 Permanent and permanent probationary employees shall give the Deputy Clerk of the Executive Council fourteen (14) calendar days' written notice, and temporary employees shall give ten (10) calendar days' written notice of intention to terminate employment. 28.04 Vacation leave shall not be used as any part of the period of the stipulated notices referred to in this Article unless mutually agreed between the employee and the Employer. 28.05 The period of notice may be reduced or been eliminated by mutual agreement. 28.06 Permanent employees whose positions are declared redundant, or permanent employees who are displaced as a result of bumping and who are unable to bump or unable to be placed in other employment shall be given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment pay in lieu of notice. The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment, as per Schedule D. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required to pay back part of any severance pay/pay in lieu notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to a financial institution on behalf of an employee.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 by the employer (i) In order to terminate the employment of an employee the Act. b) The Company employer shall give each to the employee a minimum period of notice consistent with the table belowfollowing notice: Period of Continuous Service continuous service Period of Notice Up to the completion of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over 4 weeks c(ii) Where an employee is In addition to the notice in (a)(i) above, employees over 45 years of age at the time of termination and has a period the giving of the notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(iii) Payment in lieu of the notice prescribed above in (a)(i) and/or (a)(ii) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified notice, and part payment in lieu thereofof notice. e(iv) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: (1) the employee’s ordinary hours of work (even if not standard hours); and (2) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and (3) any other amounts payable under the employee’s contract of employment (v) The period of notice in this clause shall does not apply apply: (1) in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 misconduct; (2) to employees engaged for a specific period of time or for a specific task or tasks; (3) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Workplace Relations Regulations 2006agreement; or (4) to casual employees. f(vi) Continuity of service shall be calculated in the manner prescribed under this Agreement (b) Notice of termination by employee (i) The notice of termination required to be given by employees an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the Company. If age of the employee concerned. (ii) Subject to financial obligations imposed on the employer by an Act, if an employee fails to give the requisite notice the Company employer shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) monies due to the employee on termination, with a maximum amount equal to the equivalent ordinary time rate of pay for the period of noticenotice in accordance with s324(1)(b) of the Fair Work Act. g(c) Job search entitlement Where an employee employer has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any to an employee, an employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed allowed up to have abandoned employment and one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall not be entitled taken at times that are convenient to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeemployee after consultation with the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 Termination by the company (i) In order to terminate the employment of an employee the Act. b) The Company shall company must give each to the employee a minimum period of notice consistent with the table belowfollowing notice: Period of Continuous Service Period of Notice Up to the completion of 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c(ii) Where an employee is In addition to the notice in clause 38(a)(i) employees over 45 years of age at the time of termination and has a period the giving of continuous service the notice with the company in excess of not less than two years' service, the employee shall be are entitled to one an additional week’s notice in addition to that prescribed above's notice. d(iii) Payment in lieu of the notice prescribed above shall in clauses 38(a)(i)and 38(a)(ii)must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e(iv) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the company would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: A. the employee's ordinary hours of work (even if not standard hours); and B. the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and C. any other amounts payable under the employee's contract of employment. (v) The period of notice in this clause shall does not apply apply: A. in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 misconduct; B. to employees engaged for a specific period of time or for a specific task or tasks; C. to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Workplace Relations Regulations 2006Agreement; or D. to casual employees. f(b) Notice of Termination by Employee (i) The notice of termination required to be given by employees an employee shall be the same as that required of the Company. company, except that there is no additional notice based on the age of the employee concerned. (ii) If an employee fails to give the requisite notice set out in clause 38(a)(i) then the Company shall have company has the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) monies due to the employee on termination, with to a maximum amount equal to the equivalent amount the employee would have received under clause 38(a)(i). (c) Summary Dismissal (i) The company has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this Agreement are to be paid up to the time of dismissal only. (d) Job search entitlement (i) Where the company has given notice to an employee, the employee shall be allowed up to one day's time off without loss of pay for the period purpose of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.seeking other

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) 1.1 The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion Employee the following notice of termination: 1 year or less 1 week 1 year and up to the completion of 3 years 2 1 weeks 3 years and up to the completion of 5 years 3 1 weeks 5 years and over 4 2 weeks c) Where an employee is 1.2 In addition to the above notice Employees over 45 years of age at the time of termination and has a period of giving notice with not less than two years continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed abovean additional weeks notice. d) 1.3 Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereoflieu. e) 1.4 In calculating any payment in lieu of notice the wages an Employee would have received in respect of the ordinary time the Employee or the Employee would have worked during the period of notice had the Employee's employment not been terminated shall be used. 1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined instant dismissal including malingering, inefficiency or neglect of duty, or in Regulation 12.10 the case of casual Employees or Employees engaged for a specific period of time or for a specific task or tasks. 1.6 Notwithstanding the foregoing provisions trainees and apprentices who are engaged for a specific period of time shall once the traineeship/apprenticeship is completed, and provided the trainees'/apprentices' services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee/apprentice is terminated at the end of their traineeship/apprenticeship and is re-engaged by the same Company within six months of such termination, the period of the Workplace Relations Regulations 2006traineeship/apprenticeship shall be counted as service in determining any future termination entitlements. f) 1.7 The notice of termination required to be given by employees an Employee shall be the same as that required a minimum of the Company. If an employee fails to give the requisite notice one week. 1.8 Where the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until to an Employee, the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period Employee shall be deemed allowed up to have abandoned employment and one day's time off without loss of pay for the purpose of seeking other employment. The time off shall not be entitled taken at times that are convenient to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeEmployee after consultation with the Company.

Appears in 1 contract

Samples: Union Collective Workplace Agreement

Termination of Employment. a) Notice ​ 2.1 The Employee's employment with the Company will terminate on 1 January 2021 (the "Termination Date"). In the period between the date of termination shall be in accordance this Agreement and the Termination Date the parties will comply with Section 661 their respective obligations under the terms of the ActService Agreement. ​ 2.2 The Employee agrees to sign and return to the Company, in each case upon request by the Company, a letter (in the form of the attached at Schedule 4 or such other similar letter as the Company may request depending on local law requirements) in respect of the directorships which you hold with any Group Company. The Employee shall provide her full co-operation with the Company in respect of effecting the cessation of such directorships and in ensuring the smooth transition of her respective roles and directorships to another individual or individuals ​ nominated by the Company or Group Company as appropriate. ​ 2.3 The Employer agrees that the termination of the Employee’s employment is without Equity Cause as defined by clause 1.1 of the Service Agreement and that the provisions of clause 9.4 of the Service Agreement shall apply. b) The 2.4 On 8 September 2020, the Company shall give each employee a minimum period of notice will issue an internal announcement in terms consistent with the table below: Period reference at Part 1 of Continuous Service Period Schedule 1. The Company will deal with any resulting enquiries in a manner consistent with this wording. The Employee shall not make any public comment or issue a press release about the termination of Notice Up her employment or office or the events giving rise to the completion same which is inconsistent with this announcement. ​ 2.5 Subject to clause 2.7 below, during the period from the date of 1 year 1 week 1 year and up this Agreement to the completion 29 September 2020 (the "Handover Period") the Employee shall provide such handover of 3 years 2 weeks 3 years her duties as the Company may reasonably require and up the Company shall be under no obligation to provide any work to, or vest any powers in, the Employee, who shall have no right to perform any services for the Company or any Group Company. Subject to the completion other terms of 5 years 3 weeks 5 years this Agreement, with effect from 30 September 2020 to the Termination Date (the "Garden Leave Period") the Employee shall cease to carry out her duties and over 4 weekscommence garden leave. ​ c2.6 The Company may at its discretion require the Employee to undertake specific tasks (that could be required under the Employee's Service Agreement) Where at any time during the Handover Period and on reasonable notice during the Garden Leave Period. 2.7 During the Handover Period and Garden Leave Period, the Employee shall: ​ (a) continue to receive her salary and all contractual benefits in the usual way ( subject to the rules of the relevant benefit schemes in force from time to time); ​ (b) remain an employee is over 45 years of age at the time Company bound by her terms and conditions of termination and has a period employment, including duties of continuous service with fidelity, (save as modified by this clause) 2.8 During the company in excess of two yearsGarden Leave Period, the employee Employee shall be entitled to one week’s notice in addition to that prescribed above.additionally: d(a) Payment in lieu not attend her place of work or any other premises of the notice prescribed above shall be made if Company or Group Company or access the appropriate notice period is not given. Provided that employment may be terminated by part IT systems of the period of notice specified Company or Group Company; and part payment in lieu thereof. e(b) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 contact or deal with (or attempt to contact or deal with) any consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be Company or any Group Company without the same as that required prior written consent of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Settlement Agreement (Intercept Pharmaceuticals, Inc.)

Termination of Employment. 1. Termination of employment by either Employer or Employee shall follow established Sierra Health Services Policies and Procedures including appropriate notice, except as otherwise specifically set forth in this Article. 2. Employee may terminate employment hereunder with sixty (60) days prior written notice. If Employee is terminated during such sixty (60) day notice period, Employee shall be entitled to be paid his customary salary during the remainder of the notice period. If Employee shall voluntarily terminate employment all eligible separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, shall be paid or made available to Employee. 3. If Employer shall terminate Employee's employment hereunder, or subsequent to the termination of this Agreement or any similar agreements, without cause, except as otherwise set forth in Paragraphs 6 and 7 of this Article, Employee shall be entitled to nine (9) months salary and all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. 4. In the event Employee's employment hereunder terminates for any reason other than for cause, as set forth in Paragraph 6 of this Article, Employee and his/her family shall be eligible to remain covered under Employer's health care, dental, vision and life coverage program, at no expense, for a period of time equal to Employee's length of service or until Medicare eligible, whichever occurs first, following termination of such employment. 5. Notwithstanding any other provision in this Agreement to the contrary, Employee hereby agrees that any separation compensation due to Employee, other than accrued vacation, shall be paid out 25% after the first 30 days, 37 1/2% after the first 60 days, and the remaining 37 1/2% at the end of 180 days, except in the event of a change in control. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. Any payments or such amounts which would otherwise be payable after a change in control, or arising as a result of a change in control, shall be made in a lump sum within five (5) business days following the date of the change in control and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 6. If Employer shall terminate Employee's employment for Cause, which is defined as (1) Employee's conduct that is materially detrimental to Employer's reputation or business relationships, or (2) Employee's misappropriation of Employer's funds, Employee shall be eligible for four (4) weeks salary and any other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, as full and final payment under this Agreement. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. (a) Notice If Employee is unable to perform Employee's duties hereunder, by reason of termination illness or incapacity of any kind, for a period of more than six (6) months in excess of accrued sick leave, Employee's employment hereunder may be terminated by Employer at its absolute discretion with one week of prior written notice. (b) If Employee's illness or incapacity shall have ended, and Employee shall have assumed Employee's duties hereunder, prior to the date specified in the notice of termination, Employee shall be entitled to resume Employee's employment hereunder as if such notice had not been given. (c) In the event of the death of Employee during the term of this Agreement, Employer shall be required to pay Employee's personal representative or the executor or administrator of Employee's estate, three (3) months of Employee's total prior year's annual compensation including both salary and bonus. Such payment shall be in accordance with Section 661 addition to any other payment to which Employee or their estate is otherwise eligible for under the terms of this Agreement. 8. In the event of a change in control of Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the Act. bSecurities Exchange Act of 1934) The Company is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in control was not approved by a majority of the Board of Directors of Employer, Employee, at his/her sole option, shall give each employee be entitled to terminate his/her employment hereunder and, upon such termination, will be entitled to a minimum period cash amount equal to (2.0) times Employee's current salary and the target annual bonus for which Employee is eligible in the year of notice consistent termination, together with any other separation compensation and benefits as are routinely made available to other employees of Employer at the table below: Period of Continuous Service Period of Notice Up same organizational level. Employee's right to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age terminate under this Paragraph 8 may be exercised at the time of termination the change in control or at any time within two years after the change in control, including upon receipt of any notice that Employer has elected to terminate Employee's employment without cause during such two-year period. Payment of such amounts shall be made in a lump sum within five (5) business days following the date such amounts become payable hereunder and has shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 9. In the event of a period change in control of continuous service with Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the company Securities Exchange Act of 1934) is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in excess control is approved by a majority of two yearsthe Board of Directors of Employer, the employee Employee, at his/her sole option, shall be entitled to one week’s notice terminate his/her employment hereunder and, upon such termination, will be entitled to a cash amount equal to (2.0) times Employee's current salary and the target annual bonus for which Employee is eligible in addition the year of termination, together with any other separation compensation and benefits as are routinely made available to that prescribed above. dother employees of Employer at the same organizational level, if, within two (2) Payment in lieu years after the effective date of the change in control any one of the following occurs: (a) the assignment to Employee of any duties inconsistent with Employee's position (including status, offices, titles, and reporting requirements), authority, duties, or responsibilities or any other action by Employer that results in a material diminution in such position, authority, duties, or responsibilities, excluding for this purpose an action not taken in bad faith and that is remedied by Employer within 10 days after receipt of written notice prescribed above by Employee; (b) a reduction in Employee's annual base salary or target bonus; (c) the relocation of Employer's principle executive offices to a location more than 75 miles from the current location of such offices or (d), in the event such change in control occurs within the final two years prior to the calendar date stated as the termination date of the Agreement in Article II, and if, prior to such stated termination date and prior to termination of Employee's employment, Employer has not offered to enter into an extension of this employment agreement or a new employment agreement providing benefits substantially equal to those under this agreement for a term to extend until at least two years after the date of such change in control. In addition, if Employee's employment hereunder is terminated for reasons other than those set forth in Paragraph 6 or 7 of this Article within two (2) years after the effective date of a change in control which was approved by a majority of Employer's Board of Directors, Employee shall be entitled to a cash amount equal to (2.0) times Employee's current salary and the target annual bonus for which Employee is eligible in the year of termination, together with all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. Payment of such amounts shall be made if in a lump sum within five (5) business days following the appropriate notice period is not givendate such amounts become payable hereunder, and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 10. Provided Anything contained herein to the contrary notwithstanding in the event that employment may be terminated by part Employer shall discontinue operation of Employer other than as a result of a merger, consolidation or acquisition, then this Agreement shall terminate and the provisions of Article VI shall terminate as of the period last day of notice specified the month in which Employer ceases operation with the same force and part payment in lieu thereofeffect as if such last day of the month were originally set as the termination date hereof. e) The period of notice in 11. Any amounts payable under this clause Article VII shall not apply also be payable to Employee in the case event Employee is terminated without cause during the 90-day period prior to a Change in Control. 12. Whether or not Employee becomes entitled to any payments under Paragraphs 1 through 11 of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 this Article VII, if any payments or benefits received, or to be received, by Employee (including the vesting of any option and other non-cash benefits and property), whether pursuant to any provision of this Agreement or any other plan, arrangement or agreement with Employer or any affiliated company, excluding the Gross-Up Payment described herein (such payments and benefits being the "Total Payments"), will be subject to any excise tax imposed under section 4999 of the Workplace Relations Regulations 2006. fInternal Revenue Code of 1986, as amended (such excise tax, including penalties and interest thereon, being the "Excise Tax"), Employer shall pay to Employee an additional amount (the "Gross-Up Payment") The notice of termination required to be given such that the net amount retained by employees Employee, after reduction for any Excise Tax on the Total Payments and any federal and Excise Tax on the Gross-Up Payment, shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay sum of (i) the Total Payments plus (ii) any deductions disallowed for federal income tax purposes because of the inclusion of the Gross-Up Payment in Executive's adjusted gross income multiplied by the Executive's highest marginal rate of federal income taxation for the period of noticecalendar year in which the Gross-Up Payment is to be made. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Employment Agreement (Sierra Health Services Inc)

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table as outlined below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of but not more than 3 years 2 weeks 3 years and up to the completion of but not more than 5 years 3 weeks 5 years and over + 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006.; or specifically any of the below: ▪ any act of dishonesty or other serious misconduct or neglect of duty. ▪ any action at any time which brings the Compnay into public disrepute, contempt, scandal or ridicule or which reflects unfavourably on the Company. ▪ the employee divulges any information or affairs relating to the Company, that may have been acquired in the course of providing services unless called upon to do so by one of the Company Directors or in a Court of Law. ▪ a serious breach of the Victorian Workplace OH&S legislation f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. . h) Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. (a) Notice of termination shall for changes in production, programme, organisation or structure This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with Section 661 of the Actsubclause (ii) (a)(1) above. b(1) The Company In order to terminate the employment of an employee the employer shall give each to the employee a minimum period of notice consistent with the table belowfollowing notice: Period of Continuous Service Period of Notice Up to the completion of Less than 1 year 1 week 1 year and up week (2) In addition to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is notice above, employees over 45 years of age at the time of termination and has a period the giving of the notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(3) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e(b) Notice for technological change This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii)(a)(1) above: (1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination. (2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (3) The period of notice in required by this clause subclause to be given shall not apply in be deemed to be service with the case of dismissal employer for conduct that justifies serious misconduct as defined in Regulation 12.10 the purposes of the Workplace Relations Regulations 2006Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts. f(c) The Time off during the notice period (1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment. (2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to be given by employees produce proof of attendance at an interview or the employee shall not receive payment for the time absent. (d) Employee leaving during the notice period If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to benefits and payments under this clause had the employee on termination, remained with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment employer until the date of the expiration expiry of such notice. Any Provided that in such circumstances the employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice A permanent Employee may terminate their employment by one (1) weeks’ notice (regardless of termination shall their tenure with the Company)or by the forfeiture of a week’s wages. Casual employment may be in accordance with Section 661 of the Actterminated by eight hours’ notice on either side. b) The In the event of redundancy or dismissal of a permanent Employee (with the exception of a fixed term/project Employee, a casual Employee, or an Employee terminated for serious misconduct) the Company shall give each employee Employee a minimum period of notice consistent with the table belowfollowing table: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee Employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee Employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee Employee has given or been given notice of termination of employment he or employment, he/she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. f) Where the Company has given notice of termination to an Employee, the Employee shall be allowed up to one day’s paid time off during the notice period with pay to seek other employment. g) Where an Employee is re-employed within a period of one month of the termination of employment, the Employee shall be paid for all public holidays occurring within the period between the termination of service and re-employment. 42 WORK HEALTH & SAFETY‌ a) Both the Company and Employees are committed to upholding a safe and healthy working environment, in accordance with relevant state and federal Work Health & Safety Acts and Regulations. b) The Company will provide the necessary resources, skills, and training to empower managers and employees in maintaining high standards of health and safety. c) All employees have a responsibility to maintain a safe working environment and to ensure that safe working procedures are in place and observed at all times. d) Employees are responsible for: (i) Wearing and utilising any provided safety equipment or clothing (ii) (ii) Adhering to the Company's work health and safety practices and procedures. (iii) (iii) Promptly reporting any accidents, incidents, or hazards encountered during employment to management. e) The Company agrees it will facilitate Low Voltage Rescue (LVR) Training for each direct Employee. Time spent in such training will be considered as time worked for all purposes outlined in this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) 14.1 The Contract of Employment may be terminated at the instance of either party to the Contract, by the one party to the Contract providing to the other party to the Contract written notice of its intention to terminate the contract. 14.2 Such written Notice of termination shall Termination may be for any reason recognized in accordance with Section 661 of the Actlaw as being sufficient. b) 14.3 Neither party to the Contract may give to the other party to the Contract written notice of less than 1 week notice of termination during any period of probation, and not less than 1 month notice of termination thereafter. 14.4 The Company employer reserves the right to waive any period of notice, provided that the employer shall give each pay the employee a minimum for any period of notice consistent with the table below: Period or portion of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with notice that is waived at the company in excess instance of two yearsthe employer. 14.5 The employer shall not be obliged to pay the employee for any period of notice or portion of a period of notice which the employer agrees to waive at the request of the employee. 14.6 In the event of termination of the Contract due to the employer’s operational requirements, the employee shall be entitled to one week’s notice severance pay of 1 week salary for every completed year of continuous service with the employer, in addition to that prescribed aboveany other stautory payments. d) Payment in lieu 14.7 In the event of termination of the notice prescribed above Contract due to the employer’s operational requirements, the employer shall endeavor to offer the employee alternative employment with the employer or with another employer. Should the employee unreasonably refuse such offer of alternative employment, then the employee shall forfeit the right to severance pay in terms of paragraph 15.6 above. The operational requirements of the employer shall include the loss of, or cancellation of, or non-renewal of, any contract existing between The Institute for Performance Management and any of it’s clients. Such loss, cancellation or non-renewal of any such contract shall be made if construed as sufficient reason to bring about the appropriate termination of this contract. There is no obligation on the employer to find other employment for the employee. 14.8 Should the employee terminate the contract on a notice period is not given. Provided of less that employment may be terminated by part the period required in terms of paragraph 15.3, the employer reserves the right to deduct from the final payment due to the employee, an amount equal to the employee’s salary for the period of notice specified and part payment in lieu thereofnot given. e) 14.9 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 normal retirement age of the Workplace Relations Regulations 2006. f) The notice Company is 65 years. All employees will be retired upon reaching the age of termination required to be given by employees shall be 65 years, and upon retirement all benefits as per paragraph 6 will cease with the same as that required exception of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticeagreed monthly pension payable. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Contract of Employment

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Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails falls to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. h) Where the Company has given notice of termination to an employee, the employee shall be allowed up to one day’s paid time off during the notice period with pay to seek other employment

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply 28.01 Except in the case of dismissal for conduct that justifies serious misconduct as defined just cause, thirty (30) calendar days' notice, in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required writing, shall be given to permanent or probationary permanent employees whose services are to be given by employees terminated. If such notice is not given, the employee shall be paid for the same as that required number of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for days by which the period of noticenotice was reduced. g28.02 Except in the case of dismissal for just cause, fourteen (14) Where an calendar days' notice, in writing, will be given to temporary employees whose services are to be terminated, provided that such employees are not hired for a specified time period. If such notice is not given, the employee has given shall be paid for the number of days by which the period of notice was reduced. 28.03 Permanent and permanent probationary employees shall give the Deputy Clerk of the Executive Council fourteen (14) calendar days' written notice, and temporary employees shall give ten (10) calendar days' written notice of intention to terminate employment. 28.04 Vacation leave shall not be used as any part of the period of the stipulated notices referred to in this Article unless mutually agreed between the employee and the Employer. 28.05 The period of notice may be reduced or been eliminated by mutual agreement. 28.06 Permanent employees whose positions are declared redundant, or permanent employees who are displaced as a result of bumping and who are unable to bump or unable to be placed in other employment shall be given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment pay in lieu of notice. The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment, as per Schedule D. Where an earlier effective date is 3required, employees shall receive redundancy pay in lieu of notice. Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required to pay back part of any severance pay/pay in lieu notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to a financial institution on behalf of an employee.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. ‌ (a) Notice of termination shall be in accordance with Section 661 of Employees, including apprentices may resign from their employment by giving the Act. b) The Company shall give each employee a minimum the following period of notice consistent with the table below: Period of Continuous Service Period of Notice in writing. Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeksweeks This period may be modified to a shorter period by mutual written agreement between the Company and the Employee. Where a shorter period is agreed the Employee will be paid only for the agreed period. c(b) Where The Company may terminate an employee is Employee’s employment by providing an Employee with notice of termination in accordance with the same notice required of the Employee. The Company may pay an Employee, in lieu of part or all of the required notice. Employees aged over 45 years of age and having completed at least two (2) years of continuous service, at the time of the giving of the notice, are entitled to an additional week's notice or payment in lieu. (c) Where the Company has given notice of termination and has a period to an Employee, an Employee will be allowed up to one (1) day time off without loss of continuous service pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the Employee after consultation with the company in excess of two yearsCompany. (d) If the Company has engaged an Employee for a fixed period or a specific task (ie fixed- term and fixed-task Employees), the employee shall Employee’s contract of employment will terminate at the completion of the period or task without the need for notice of termination to be entitled given to one week’s notice in addition to that prescribed abovethe Employee. d(e) Payment If the Company elects to make a payment in lieu of notice, the notice prescribed above shall amount payable will be made calculated in accordance with the NES and based on what the Employee would have earned if their employment would have continued to the appropriate notice period is not given. Provided that employment may be terminated by part end of the period of notice specified and part payment in lieu thereofbut excludes the possibility of non-rostered overtime. e(f) The period employment of notice in this clause shall not apply a casual Employee may be terminated without notice. (g) Subject to any relevant legislative requirements or limitations, in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue (other than termination of employment for serious misconduct), an Employee may, at their discretion, elect to salary sacrifice their leave entitlements and any redundancy pay where applicable, and in employment until the date their place have a payment of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed an equivalent amount paid to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticetheir superannuation fund.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 of Subject to the Act. b) The Company shall give each employee a minimum period , the Employer may terminate the employment of an Employee by giving written notice consistent with the table belowto that Employee as follows: Where an Employee’s Period of Continuous Service with the Employer is: The Period of Notice Up to as qualified by the completion of Notes set out below this table will be: Not more than 1 year 1 week More than 1 year and up to the completion of year, but not more than 3 years 2 weeks More than 3 years and up to the completion of years, but not more than 5 years 3 weeks More than 5 years and over 4 weeksweeks NOTES c(1) Where an employee The period of notice is increased by one (1) week where the Employee is over 45 forty-five (45) years of age at the time of termination and has a period completed two (2) years of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveEmployer. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e(2) The period of notice in for a casual Employee is one (1) day. (b) Casual Employees excepted, an Employee is required to give the Employer one (1) week’s written notice where he/she intends to terminate their employment. Where less than one (1) week’s notice is given by the Employee, the Employer is entitled to deduct the period of unserved notice from the Employee’s termination payment. (c) Where a casual Employee fails to provide 1 working day’s notice of the termination of his or her Employment, the Employer will only pay the Employee up to the time that he or she ceased work. (d) An Employee’s employment may be terminated immediately by the Employer for any conduct which would justify summary dismissal. In such circumstances, payment of wages shall be made up to the time of the dismissal only. (e) If on termination an Employee owes the Employer money, this may be recovered by the Employer from any accrued entitlements owing to the Employee. The Employer is authorised to make any reasonable deductions for the purposes of this clause shall not apply in upon issuing written advice to the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 Employee of the Workplace Relations Regulations 2006amount the Employee owes the Employer. (f) The notice of termination required to be given by employees shall be the same as that required of the Company. If Employer may pay an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment Employee in lieu of notice. (g) Upon termination of employment for any reason, an Employee must immediately return to the Employer all property belonging to the Employer which the Employee has in their possession.

Appears in 1 contract

Samples: Greenfields Agreement

Termination of Employment. 26.1 Except in the case of casual Employees, the contract of employment may be terminated at any time by: (a) Notice of termination shall be the Employer giving the Employee written notice in accordance with Section 661 of the Act.table below; or (b) The Company shall give each employee a minimum period of the Employee giving the Employer notice consistent in accordance with the table below: Period of Continuous Service Period of Notice Up to the completion of Not more than 1 year 1 week More than 1 year and up to the completion of but not more than 3 years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeks c26.2 The period of notice to be given by the Employer is increased by one (1) Where an employee week if the Employee is over 45 forty-five (45) years of age at the time of termination and has a period of completed at least two (2) year’s continuous service with the company in excess Employer. The Employee will not be required to provide additional notice because of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveage. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that 26.3 For casual Employees, employment may be terminated by part either party giving four (4) hours’ notice. 26.4 Instead of providing notice, the Employer may provide the Employee with payment in lieu of notice for the period of notice specified and part payment in lieu thereofnot provided. Payment shall be the total of all amounts that, if the employment had continued until the end of the required notice period, the Employer would have become liable to pay. e) The 26.5 If an Employee, who is over 18 years old, fails to provide the required notice, the Employer may deduct from wages due to the Employee an amount that is no more than one week’s wages for the Employee. Any deduction made in accordance with this clause must not be unreasonable. 26.6 This clause does not operate so as to prevent an Employee and the Employer from agreeing to accept a greater or lesser amount of notice period when terminating the employment. If the Employer has agreed to a shorter period of notice than is required by this clause, no deduction in this accordance with clause 25.5 can be made. 26.7 Notwithstanding the above, an Employee may be dismissed without notice for serious misconduct, and in such cases, wages shall not apply in be paid up to the case time of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006only. f) The notice of termination required to be given by employees shall be 26.8 Where the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee Employer has given or been given notice of termination to an Employee, the Employee must be allowed time off without loss of employment he or she shall continue in employment until pay of up to one day for the date purpose of seeking other employment. 26.9 The time off under clause 26.8 is to be taken at times that are convenient to the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall Employee after consultation with the Employer. 26.10 Casual Employees are not be entitled to payment for work done within that period. Nothing in this the job search entitlement under clause shall prevent the Company making payment in lieu of notice26.8 and 26.9.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. (a) Notice of termination shall be in accordance with Section 661 by the Employer (i) In order to terminate the employment of an Employee the Act. b) The Company Employer shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of Employee the following notice: Less than 1 year 1 week 1 year and up to the completion of but less than 3 years 2 weeks 3 years and up to the completion of but less than 5 years 3 weeks 5 years and over 4 weeks c(ii) Where an employee is In addition to the notice in (a)(i) hereof, Employees over 45 years of age at the time of termination and has a period the giving of continuous service the notice with the company in excess of not less than two years’ continuous service, the employee shall be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(iii) Payment in lieu of the notice prescribed above in (a)(i) and/or (a)(ii) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e(iv) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the Employee's employment had continued until the end of the required period of notice, the Employer would have become liable to pay to the Employee because of the employment continuing during that period. That total must be calculated on the basis of: (1) the Employee's ordinary hours of work (even if not standard hours); and (2) the amounts ordinarily payable to the Employee in respect of those hours, including (for example) allowances, loading and penalties; and (3) any other amounts payable under the Employee's contract of employment. (v) The period of notice in this clause shall does not apply apply: (1) in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 misconduct; (2) to Employees engaged for a specific period of time or for a specific task or tasks; (3) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.agreement; or

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 by the Employer (i) In order to terminate the employment of the Act. b) The Company Employee, where employed on a full-time or part-time basis, the Employer shall give each employee a minimum to the Employee the period of notice consistent with specified in the table below: Period of Continuous Service continuous service Period of Notice Up to the completion of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over of completed service 4 weeks c(ii) Where an employee In addition to this notice, where the Employee is over 45 years of age at the time of termination and has a period the giving of the notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall they will be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(iii) Payment in lieu of the notice prescribed above shall will be made if the appropriate notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by part the Employee payment for the remainder of the period of notice specified and part notice. (iv) In calculating any payment in lieu thereofof notice, the wages the Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used. e(v) The period of notice in this clause Clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined misconduct, or in Regulation 12.10 the case of the Workplace Relations Regulations 2006casual employees or employees engaged for a specific period of time or for a specific task or tasks. f(vi) Notice of termination by the Employee (a) The notice of termination required to be given by employees shall be the Employee is the same as that required of the CompanyEmployer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the requisite required notice the Company shall have the right to Employer may withhold wages and/or entitlements (excluding annual leave payable upon termination) from any monies due to the employee on terminationtermination under this Agreement, with a maximum an amount equal to not exceeding the equivalent pay for amount the employee would have been paid under this Agreement in respect of the period of noticenotice required by this clause less any period of notice actually given by the employee in accordance with s324(1)(b) of the Fair Work Act 2009. g(b) Where an employee has given or been given Notwithstanding (vi)(a), Director of Nursing shall give 4 weeks’ notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticewriting.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice The Hospital may discharge probationary employees for any reason satisfactory to the Hospital. Because such discharge does not give rise to a difference between the parties, it, therefore, shall not be the subject matter of termination a grievance or arbitration under the provisions of this Agreement. A claim by an employee who has completed probationary period that has been unjustly discharged shall be in accordance treated as a grievance if a written statement of such grievance is lodged with Section 661 the Hospital at Step of the Act. bGrievance Procedure within five (5) The Company working days after a registered letter has been sent to the last address notifying of discharge. Such special grievances may be settled under the Grievance Procedure or resolved through arbitration by: confirming the action in dismissing the employee; reinstating the employee with payment to for such time lost due to the discharge at her his regular rate of pay for normally scheduled work for such period, less any amounts of money earned by the employee during such period, and/or by any other arrangement which may be deemed just and equitable. New employees shall give each employee be on probation for a minimum period of notice consistent with six (6) calendar months of continuous employment. If retained after the table below: Period probationary period, each employee's seniority shall be effective from the date of Continuous Service Period of Notice Up last hire. Seniority, as referred to in this Agreement, shall mean the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period length of continuous service with the company Hospital from the last date of hire. The Hospital shall maintain a seniority list showing the name, classification, and date of hire in excess their classification, and said seniority list shall be provided in January and July of two yearseach year, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not givenUnion and Chief Xxxxxxx. Provided that Seniority rights and an employee's employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.been terminated

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) 22.1 The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year may at any time and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is its absolute discretion (whether or not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The any notice of termination required to be has been given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have or the right to withhold wages and/or entitlements (excluding annual leave payable upon terminationExecutive under clause 2 above) due to terminate the employee on termination, Executive’s employment with immediate effect and make a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. This payment shall comprise the Executive’s basic salary (at the rate payable when this option is exercised) together with the following benefits to the extent that they would have been paid during the notice period: • car allowance • company pension contributions (subject to the Executive making his contribution) • premium equivalent to the private medical monies paid by the Company and shall be subject to deductions for income tax and national insurance contributions as appropriate (the “Payment in Lieu”). The Executive will not, under any circumstances, have any right to payment in lieu unless the Company has exercised its option to pay in lieu of notice. 22.2 The Company may pay any sums due under this clause as one lump sum or in instalments over the period until the date on which notice, if it had been served, would have expired. If the Company chooses to pay in instalments the Executive is obliged to seek alternative income over the relevant period and to disclose the gross amount of any such income and any relevant ancillary benefits to the Company. The instalment payments shall then be reduced by the amount of such income. 22.3 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if the Executive: 22.3.1 is guilty of any serious misconduct (including but not limited to any such act set out within the Company’s disciplinary policy from time to time or in any code of conduct) or any other conduct which affects or is likely to affect prejudicially the interests of any Group Company to which he is required to render services under this Agreement; 22.3.2 fails or neglects efficiently and diligently to discharge his duties or commits any serious or repeated breach or non-observance by the Executive of any of the provisions contained in this Agreement; 22.3.3 has an interim receiving order made against him, becomes bankrupt or makes any composition or enters into any deed of arrangement with his creditors; 22.3.4 is convicted or charged with any arrestable criminal offence (other than an offence under road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed); 22.3.5 is disqualified from holding office in another company by reason of an order of a court of competent jurisdiction; 22.3.6 shall become of unsound mind or become a patient under the Mental Health Acx 0000; 22.3.7 is convicted of an offence under the Criminal Justice Acx 0000 xn relation to insider dealings or under any other present or future statutory enactment or regulations relating to insider dealings; 22.3.8 is in violation of the rules and regulations of the U.S. Securities and Exchange Commission or relevant U.S. securities laws, or the rules and regulations of the NASDAQ Exchange or any other exchange on which any Group Company’s securities may be listed;

Appears in 1 contract

Samples: Service Agreement (Virgin Media Investments LTD)

Termination of Employment. a) 16.01 Notice of termination resignation in writing shall be in accordance with Section 661 of given to the Act. b) The Company Employer. An Employee shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks cone (1) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one weekmonth’s notice in addition when desiring to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice resign. The regular vacation period is not givenconsidered in the time required for a month’s notice of resignation. 16.02 Discipline and Dismissal Unsatisfactory conduct or performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s personnel file, but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee with a copy to the Union within ten (10) days of the date the Employer first became aware of the occurrence of the act. Provided It shall state a definite period in which improvement or correction is expected and at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. Should there not be satisfactory improvement in the Employee’s conduct or performance, the Employer may take further disciplinary action. There shall be no written warning notice, suspension or dismissal except for just cause. A written warning notice, suspension, or dismissal that employment is grieved and determined to be unjustified shall be declared null and void and removed from the Employee’s personnel file. 16.03 The procedure stated in Article 16.02 shall not prevent immediate suspension or discharge of an Employee by the Employer for just cause. An immediate suspension or discharge that is grieved and determined to be unjustified shall be declared null and void and all reference thereto shall be removed from an Employee’s personnel file. 16.04 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than twenty-four (24) hours. At such discussion an Employee may be terminated accompanied by part a representative of the Union. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Union. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. 16.05 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the period of notice specified and part payment which the Employee is aware. The Employer shall confirm in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due writing to the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticeEmployee that such action has been effected. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. a) Notice 26.1 Except in the case of termination shall Casual Employees, the contract of employment may be terminated at any time by: 26.1.1 the Company giving the Employee written notice in accordance with Section 661 of the Act.table below; or b) The 26.1.2 the Employee giving the Company shall give each employee a minimum period of notice consistent in accordance with the table below: Period of Continuous Service Period of Notice Up to the completion of Not more than 1 year 1 week More than 1 year and up to the completion of but not more than 3 years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeks c) Where an employee 26.2 The period of notice to be given by the Company is increased by one week if the Employee is over 45 years of age at the time of termination and has a period of completed at least 2 year’s continuous service with the company in excess Company. The Employee will not be required to provide additional notice because of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveage. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that 26.3 For casual Employees, employment may be terminated by part either party giving one working days’ notice. 26.4 Instead of providing notice, the Company may provide the Employee with payment in lieu of notice for the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees provided. Payment shall be the same as that required total of all amounts that, if the employment had continued until the end of the Company. If an employee fails to give the requisite required notice period, the Company shall would have the right become liable to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticepay. g) 26.5 Where an employee the Company has given or been given notice of termination to an Employee and requires them to work out their notice period, an Employee must be allowed up to one day’s time off without loss of employment he or she shall continue pay for the purpose of seeking other employment, but not where payment is made in employment until the date lieu of the expiration of such notice. Any employee whoThe time off is to be taken at a time or times convenient to the Employee after consultation with the Company. 26.6 Notwithstanding the above, having given or been given an Employee may be dismissed without notice for serious misconduct, and in such notice is absent from work without reasonable cause during such period case, wages shall be deemed paid up to have abandoned employment and shall not be entitled to payment for work done within that period. the time of dismissal only. 26.7 Nothing in this clause affects the Company’s right to dismiss an Employee without notice for refusal or neglect of duty or other serious misconduct which justifies instant dismissal, and in such cases, wages shall prevent be paid up to the time of dismissal only. 26.8 On termination of employment the Employee will receive all entitlements under this Agreement this are working to the Employee up to the last day of employment. 26.9 On the termination of employment, the Employee must return all Company making payment in lieu of noticeproperty prior to receiving any final payments.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the CompanyMSC. If an employee fails falls to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. (a) Notice for termination of termination shall be employment is provided for in accordance with Section 661 the NES. For the convenience of the Act.parties, the NES prescribes the minimum notice periods for termination of employment as: b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 Not more than 1 year 1 week 2 More than 1 year and up to the completion of but not more than 3 years 2 weeks 3 More than 3 years and up to the completion of but not more than 5 years 3 weeks 4 More than 5 years and over 4 weeks c) Where weeks The Company must pay an additional one week if the employee is over 45 years of age at the time of termination old and has a period completed at least two years of continuous service with the company in excess employer at the end of two years, the employee shall be entitled to one week’s day the notice in addition to that prescribed aboveis given. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f(b) The notice of termination required to be given by employees shall be an employee is the same as that required of the CompanyCompany except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the requisite required notice the Company shall have the right to may withhold wages and/or entitlements (excluding annual leave payable upon termination) from any monies due to the employee on terminationtermination under this Agreement, with a maximum an amount equal to not exceeding the equivalent pay for amount the employee would have been paid under this Agreement in respect of the period of noticenotice required by this clause less any period of notice actually given by the employee. g(c) Should an employee give notice of termination of employment, the Company may, at its discretion and at any time, make payment in lieu of notice for the unworked portion of the notice period. (d) Notwithstanding the above, the Company may dismiss an employee without notice for serious misconduct. (e) In the event of termination, the employer shall pay a terminated employee’s final payment in the next scheduled pay run (being no more than seven days). (f) Where an employee the Company has given or been given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of employment he or she shall continue in employment until pay for the date purpose of seeking other employment. The time off is to be taken at times that are convenient to the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent after consultation with the Company making payment in lieu of noticeemployer.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice Notices of termination shall be in accordance with Section 661 by the Employer (i) In order to terminate the employment of the Act. b) The Company Employee, where employed on a full-time or part-time basis, the Employer shall give each employee a minimum to the Employee the period of notice consistent with specified in the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year or less 1 week Week Over 1 year and up to the completion of 3 years 2 weeks Weeks Over 3 years and up to the completion of 5 years 3 weeks Weeks Over 5 years and over of completed service 4 weeksWeeks c(ii) Where an employee In addition to this notice, where the Employee is over 45 years of age at the time of termination and has a period of giving the notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall they will be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(iii) Payment in lieu of the notice prescribed above shall will be made if the appropriate notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by part the Employee payment for the remainder of the period of notice specified and part notice. (iv) In calculating any payment in lieu thereofof notice, the wages the Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used. e(v) The period of notice in this clause Clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined misconduct, or in Regulation 12.10 the case of casual employees or employees engage for a specific period of time or for a specific task or tasks. (vi) Notwithstanding the foregoing provisions, where the Employee has been working part of the Workplace Relations Regulations 2006.required period of notice, and by the Employer making engaged as a trainee for a specific period of time, shall once the traineeship is completed and provided that the trainees’ services are retained, have all service including the training period counted in determining entitlement. In the event that a trainee is terminated at the end of the traineeship and is re-engaged by the Employer within six months of such termination the period of traineeship shall be counted as service in determining any future termination. Notice of Termination by the Employee f(vii) The notice of termination required require to be given by employees shall be the Employee is the same as that required of the Company. If an employee fails Employer, save and except that there is no requirement on the Employee to give additional notice based on the requisite notice age of the Company Employee concerned. Instant dismissal (viii) The employer shall have the right to withhold dismiss the Employee without notice for conduct that justifies instant dismissal including but not limited to neglect of duty or misconduct and in such cases the wages and/or including any pro-rata accrued legal entitlements (excluding annual leave payable upon termination) due shall be paid up to the employee on termination, with a maximum amount equal to the equivalent pay for the period time of noticedismissal only. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) 31.1 The employment of an Employee may be terminated by the Employee or the Company by giving notice as set out below, subject to any statutory requirements. Continuous service Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of Not more than 1 year 1 week More than 1 year and up to the completion of but not more than 3 years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeks c) Where an employee 31.2 If, at the time notice is given by the Company, the Employee is over 45 years of age at the time of termination and has a period of with not less than 2 years’ continuous service with the company in excess of two yearsservice, the employee shall they will be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d) Payment 31.3 The Company may elect to pay the Employee in lieu of notice. 31.4 If an Employee gives notice and fails to attend for work during the notice prescribed above shall be made if period, they will forfeit any pay for such period unless the appropriate notice period failure is not given. Provided that employment may be terminated by part of due to the period of notice specified and part payment Employee being on paid leave in lieu thereofaccordance with this Agreement or the National Employment Standards. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. 31.5 If an employee Employee fails to give the requisite notice required notice, the Company shall have the right to may withhold wages and/or entitlements (excluding annual leave payable upon termination) monies due to that Employee being not more than the employee on termination, with a maximum amount equal to the equivalent Employee’s ordinary hours’ rate of pay for the period of notice. g) Where 31.6 If an employee Employee has given or been given notice of termination by the Company, the Employee will, if applied for, be allowed up to one (1) day off without loss of pay, to be taken at an agreed time for the purposes of seeking other employment. 31.7 The Company may terminate an Employee’s employment he on account of serious misconduct without notice or she shall continue payment in lieu thereof. 31.8 If an Employee is on probation, the Employee or the Company may terminate the employment until by giving notice of one (1) week. 31.9 Where a business is transmitted from one Company to another, the date period of continuous service that the expiration of such notice. Any employee who, having given Employee had with the transmittor or been given such notice any prior transmittor is absent from work without reasonable cause during such period shall be deemed to have abandoned employment be service with the transmittee and taken into account when calculating notice of termination. However, an Employee shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for. 31.10 This clause does not apply to: a. Employees terminated as a consequence of serious misconduct that justifies dismissal without notice; or b. casual Employees.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 by employer 10.6.1 (a) In order to terminate the employment of an employee the Act. b) The Company employer shall give each to the employee a minimum period of notice consistent with the table belowfollowing notice: Period of Continuous Service continuous service Period of Notice Up to the completion of notice Less than 1 year 1 week 1 year and up to the completion of but less than 3 years 2 weeks 3 years and up to the completion of but less than 5 years 3 weeks 5 years and over 4 weeks c(b) Where an employee is In addition to the notice in subclause (a) hereof, employees over 45 years of age at the time of termination and has a period the giving of the notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall be entitled to one an additional week’s notice in addition to that prescribed above's notice. d(c) Payment in lieu of the notice prescribed above in subclause (a) and/or (b) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (d) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time he/she would have worked during the period of notice had his/her employment not been terminated shall be used. (e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined instant dismissal, including dishonesty, misconduct, neglect of duty, or for absence from work without reasonable cause or in Regulation 12.10 the case of the Workplace Relations Regulations 2006casual employees or employees engaged for a specific period of time or for a specific task or tasks. (f) For the purpose of this clause, continuity of service shall be calculated in the manner prescribed in clause 23 of this Agreement. Notice of termination by employee 10.6.2 The notice of termination required to be given by employees an employee shall be the same as that required of the Companyone week. If Subject to financial obligations imposed on an employer by an Act, if an employee fails to give the requisite notice the Company employer shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) moneys due to the employee on termination, with a maximum amount equal to the equivalent ordinary time rate of pay for the period of notice.notice from any money due to the employee under this award. Time off work during the notice period g) 10.6.3 Where an employee employer has given or been given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. Statement of employment 10.6.4 The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his/her employment and the classification of or the type of work performed by the employee. Summary dismissal 10.6.5 Notwithstanding the provisions of subclause 10.6.1(a) hereof, the employer shall have the right to dismiss any employee without notice for conduct that justifies summary dismissal. Unfair dismissals 10.6.6 Termination of employment he by the employer will not be harsh, unjust or she unreasonable. For the purpose of this clause, termination of employment shall continue in employment until the date of the expiration of such include termination with or without notice. Any employee whoWithout limiting the above, having given except where a distinction, exclusion or been given such notice preference is absent from work without reasonable cause during such period based on the inherent requirement of a particular position, termination on the grounds of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu constitute a harsh, unjust or unreasonable termination of noticeemployment.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) OPERATORS 17.1 Notice of termination shall be by employer 17.1.1 Except as provided in accordance with Section 661 17.1.6 hereof, the employer when terminating the employment of the Act. b) The Company an operator shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up employee the following notice: 17.1.2 In addition to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is notice in 17.1.1 hereof, employees over 45 years of age at the time of termination and has a period of giving notice with not less than two years continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed abovean additional weeks notice. d) 17.1.3 Subject to the termination provisions of clause 37 - Living away from home - distant work of this award, notice given at or before the usual starting time of any ordinary working day shall be deemed to include that day’s work. 17.1.4 Payment in lieu of the notice prescribed above in 17.1.1 and 17.1.2 hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereofof the notice. e) 17.1.5 In calculating any payment in lieu of notice the wages the employee would have received, in respect of the ordinary time an employee would have worked during the period of notice had the employee’s employment not been terminated, shall be used. 17.1.6 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined instant dismissal including malingering, inefficiency or neglect of duty, or in Regulation 12.10 the case of the Workplace Relations Regulations 2006casual employees, probationary employees (engaged in accordance with 13.1.1(b) of this award), apprentices, or employees engaged for a specific period of time or for a specific task or tasks. f) The notice 17.1.7 Notwithstanding the foregoing provisions trainees and apprentices who are engaged for a specific period of termination required to be given time shall once the traineeship/apprenticeship is completed, and provided the trainees’/apprentices’ services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee/apprentice is terminated at the end of their traineeship/apprenticeship and is re-engaged by employees shall be the same as that required employer within six months of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on such termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period traineeship/apprenticeship shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing counted as service in this clause shall prevent the Company making payment in lieu of noticedetermining any future termination entitlements.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice 33.1 Except in the case of termination shall casual employees, the contract of employment may be terminated at any time by either party providing notice in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of . Not more than 1 year 1 week More than 1 year and up to the completion of but not more than 3 years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeks c) Where an employee weeks If the Company is the party giving notice and, at the time notice is given, the Employee is over 45 years of age at the time of termination and has a period of with not less than 2 years’ continuous service with the company in excess of two yearsservice, the employee shall he or she will be entitled to an additional one week's notice. 33.2 The period of notice for a casual Employee is 1 day. 33.3 Instead of providing notice, the Company may provide the Employee with payment in lieu of notice for the period of notice not provided. Payment will be the total of all amounts that, if the employment had continued until the end of the required notice period, the Company would have become liable to pay. 33.4 Where the Company has given notice of termination, an employee is entitled to up to one day’s time off each week of the minimum notice period without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the Company. 33.5 Where the Employee aged at least 18 years fails to provide the required notice, the Company may deduct from any monies owing an amount that is no more than one week’s notice in addition to that prescribed abovewages. d) Payment in lieu 33.6 Where a casual Employee fails to provide 1 working days’ notice of the notice prescribed above shall be made if termination of their Employment, the appropriate notice period is not given. Provided Company will only pay the Employee up to the time that they ceased work. 33.7 An Employee’s employment may be terminated immediately by part the Company for any conduct which would justify summary dismissal. In such circumstances, payment of wages shall be made up to the time of the period of notice specified and part payment in lieu thereofdismissal only. e) 33.8 If on termination an Employee owes the Company money, this may be recovered by the Company from any accrued entitlements owing to the Employee. The period Company is authorized to make any reasonable deductions for the purposes of notice in this clause shall not apply in upon issuing written advice to the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 Employee of the Workplace Relations Regulations 2006amount the Employee owes the Company. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of 33.9 Upon termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee whofor any reason, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed an Employee must immediately return to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment all property belonging to the Company which the Employee has in lieu of noticetheir possession.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice ‌ 33.1 Except in the case of a relief Teacher or fixed term Employee, the contract of employment may be terminated at any time by either party providing at least 7 term weeks’ notice (inclusive of the notice required under the NES). 33.2 Subject to Clause 6.4 (d), the contract of employment of a fixed term Employee may be terminated at any time by either party providing at least 4 term weeks’ notice (inclusive of the notice required under the NES). 33.3 In the case of the Employer terminating the contract of employment, notice of the effective day of termination shall be provided in accordance with Section 661 writing to the Employee. 33.4 The Employer may undertake any of the Act.following actions during the notice period: a) suspending the Employee; b) The Company shall give each employee a minimum period make payment in lieu of notice consistent with not provided, or part notice and part payment instead of notice, provided that the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year total weeks’ notice and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks’ payment instead equal 7. c) Where an employee is over 45 years directing the Employee to perform duties other than the normal Duties and Responsibilities, including less senior or significant duties during the notice period; d) directing the Employee to not attend the School during the notice period but remain available to attend the School and/or perform any duties required; or e) implementing a combination of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of 33.5 Where the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The Employer has given notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal an Employee is entitled to the equivalent up to one day time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the Employee after consultation with the Employer. 33.6 Where the Employee fails to provide the required notice, the Employer may deduct the equivalent of two weeks’ pay from any monies owing. 33.7 The Employer after discussion with the Employee can commence to recover on termination an amount equivalent to any period of noticeoverpayment of salary including unaccrued leave. g) Where 33.8 Notwithstanding the above an employee has given or been given Employee may be dismissed without notice of termination of employment he or she shall continue for serious misconduct, in employment until which case the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not Employee will only be entitled to payment for work done within that period. Nothing in this clause unused accrued entitlements and to be paid for the time worked up to the time of dismissal. 33.9 On termination of employment, the Employee shall prevent the Company making payment in lieu of noticereturn all Employer property prior to receiving any final payments.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice 17.1 Except in the case of a Relief Teacher or fixed term Employee, the contract of employment may be terminated at any time by either party providing at least 7 term weeks’ notice (inclusive of the notice required under the NES). 17.2 The contract of employment of a fixed term Employee may be terminated at any time by either party providing at least 4 term weeks’ notice (inclusive of the notice required under the NES). 17.3 In the case of the Employer terminating the contract of employment, notice of the effective day of termination shall be provided in accordance with Section 661 writing to the Employee. 17.4 The Employer may undertake any of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of following actions during the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.period: ea) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making make payment in lieu of notice not provided, or part notice and part payment instead of notice; b) directing the Employee to perform duties other than the normal Duties and Responsibilities, including less senior or significant duties during the notice period; c) directing the Employee to not attend the school during the notice period but remain available to attend the School and/or perform any duties required; or d) implementing a combination of the above. 17.5 Where the Employer has given notice of termination, an Employee is entitled to up to one day time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the Employee after consultation with the Employer. 17.6 Where the Employee fails to provide the required notice, the Employer may deduct from any wages owing an amount equivalent to the notice not provided up to a maximum of two (2) weeks' pay. 17.7 The Employer reserves the right to recover on termination an amount equivalent to any period of overpayment of salary including unaccrued leave. 17.8 Employees may be dismissed without notice for serious misconduct, in which case they are only entitled to be paid for the time worked up to the time of dismissal and any unused accrued leave entitlements. On termination of employment, the Employee shall return all property of the Employer prior to receiving any final payments.

Appears in 1 contract

Samples: Wa Catholic School Teachers Enterprise Agreement 2023

Termination of Employment. a) Notice A permanent Employee may terminate their employment by a weeks’ notice or by the forfeiture of termination shall be in accordance with Section 661 of the Acta week’s wages. b) The In the event of redundancy or dismissal of a permanent Employee, (except for an Employee terminated for serious misconduct) the Company shall give each employee Employee a minimum period of notice consistent with the table belowfollowing table: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee Employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee Employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006misconduct. f) The notice of termination required to be given by employees Employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of noticeone week. g) Where an employee Employee has given or been given notice of termination of employment he or employment, he/she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. h) Where the Company has given notice of termination to an Employee, the Employee shall be allowed up to one day’s paid time off during the notice period with pay to seek other employment. i) Where the Company terminates the employment of an Employee, except by reason of the misconduct of the Employee within 10 days prior to a public holiday or group of holidays, the Employee shall be paid for that holiday or group of holidays, provided that they have been employed for a period of at least one week prior to the termination of employment. Provided further, where an Employee is re-employed within a period of one month of the termination of employment, the Employee shall be paid for all holidays occurring within the period between the termination of service and re-employment. j) When any two or more of the holidays prescribed in this Agreement occur within one week of one another, such holidays shall, for the purposes of this Part, be deemed a group of holidays.

Appears in 1 contract

Samples: Union Agreement

Termination of Employment. a) Notice In the event of termination of employment for any reason, benefits will cease on the date of ter- mination of employment. Workmen's Compensation: Disabled employees on Workmen's Compensation will be eligible for for up to months after the date of disability. Weekly Indemnity: Disabled employees on Weekly Indemnity will be eligible for benefits up to months after the date of disability. Leave of Absence: Employees on authorized Leave of Absence will be eligible for benefits for month. Employees may continue their coverage after month by paying the monthly premium. Lay Off: Benefits will cease upon lay-off. In the event that an employee has a course of treatment ap- proved by the insurance company prior to the lay- off, that course of treatment will be covered under the plan. After you or one of your dependents have made an appointment with the dentist, obtain a claim form from your Employer. The completed claim form should be returned to your Employer, as soon as possible, for submission to the Insurance Company for processing. In the event that the dentist demands payment from the claimant upon completion of treatment, it will be the claimant's responsibility to pay the dentist and then claim reimbursement from the Insurance Company. It will be necessary for the claimant to secure a completed claim form from the dentist. APPENDIX GENERAL INSTRUCTIONS MILL EMPLOYEES Other than tour workers shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up t their respective places to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age begin work at the time of termination hour required for each individual department, and has shall remain i n their places until the corres- ponding hour for stopping i n that particular department. When a period of continuous service with the company in excess of two yearstour begins, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period each tour worker is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees i n his place. At the end of a shift, no tour worker shall be the same as that required leave his place to wash up and dress until his mate has changed his clothes and reported to take on responsibility of the Companyposition. If tour worker does not report for his regular shift, his mate shall notify the xxxxxxx. He shall then remain a t his post until a substitute is secured, and i f necessary he shall work an extra shift. It is the duty of a tour worker to report for his regular shift unless he has al - ready arranged with his xxxxxxx for a leave of absence. If unavoidably prevented from report - ing, he must give notice to his xxxxxxx or a t the office, as early as possible before the beginning of his tour, and the person receiving this notice must complete the standard report provided for recording such notice. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such arrangement, or without notice under the preceding paragraph, he shall report to his superintendent for instructions before returning t o work. Should investigation of a case of ab- senteeism f a i l to disclose a bona fide reason, management shall discipline the absentee as fol- lows: First case Instruction and warning. Second case Instruction and up to days lay- off. Third case Instruction and lay- off subject to discharge. It is understood that should an employ- ee have a clear record for a f u l l twelve-month period between steps and or steps and or after stage his record shall be deemed considered clear. Should the absence of an employee be of sufficient length, or the for the absence be of such a nature t o indicate irresponsibility i n the individual concerned, management may discipline the offending employee with a lay- off subject t o discharge. If an employee has been absent from work a day or more he shall give adequate notice to have abandoned employment and shall not h i s xxxxxxx or superintendent of his intention t o return. This notice should be entitled given four (24) hours i n advance, i f possible, but a t least i n sufficient t i m e to payment make the necessary arrangements prior to the beginning of the work period i n which he intends t o resume duty. If the employee f a i l s t o give the supervi- sor sufficient notice t o enable him to adjust the shifts back t o the original schedule, the super- visor may send the returning employee home when he reports for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticework.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) 22.1 The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year may at any time and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is its absolute discretion (whether or not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The any notice of termination required to be has been given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have or the right to withhold wages and/or entitlements (excluding annual leave payable upon terminationExecutive under clause 2 above) due to terminate the employee on termination, Executive’s employment with immediate effect and make a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. This payment shall comprise the Executive’s basic salary (at the rate payable when this option is exercised) together with the following benefits to the extent that they would have been paid during the notice period: · car allowance · company pension contributions (subject to the Executive making his contribution) · premium equivalent to the private medical and dental insurance paid by the Company, and shall be subject to deductions for income tax and national insurance contributions as appropriate (the “Payment in Lieu”). The Executive will not, under any circumstances, have any right to payment in lieu unless the Company has exercised its option to pay in lieu of notice. 22.2 The Company may pay any sums due under this clause as one lump sum or in instalments over the period until the date on which notice, if it had been served, would have expired. If the Company chooses to pay in instalments the Executive is obliged to seek alternative income over the relevant period and to disclose the gross amount of any such income and any relevant ancillary benefits to the Company. The instalment payments shall then be reduced by the amount of such income. 22.3 The employment of the Executive may be terminated by the Company without notice or payment in lieu of notice if the Executive: 22.3.1 is guilty of any serious misconduct (including but not limited to any such act set out within the Company’s disciplinary policy from time to time or in any code of conduct) or any other conduct which affects or is likely to affect prejudicially the interests of any Group Company to which he is required to render services under this Agreement; 22.3.2 fails or neglects efficiently and diligently to discharge his duties or commits any serious or repeated breach or non-observance by the Executive of any of the provisions contained in this Agreement; 22.3.3 has an interim receiving order made against him, becomes bankrupt or makes any composition or enters into any deed of arrangement with his creditors; 22.3.4 is convicted or charged with any arrestable criminal offence (other than an offence under road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed); 22.3.5 is disqualified from holding office in another company by reason of an order of a court of competent jurisdiction; 22.3.6 shall become of unsound mind or become a patient under the Mental Health Xxx 0000; 22.3.7 is convicted of an offence under the Criminal Justice Xxx 0000 in relation to insider dealings or under any other present or future statutory enactment or regulations relating to insider dealings; 22.3.8 is in violation of the rules and regulations of the U.S. Securities and Exchange Commission or relevant U.S. securities laws, or the rules and regulations of the NASDAQ Exchange or any other exchange on which the any Group Company’s securities may be listed; 22.3.9 ceases to be a director of the Company otherwise than at the request of the Company; 22.3.10 is no longer legally entitled to live and/or work in the UK; 22.3.11 does anything (in the course of his duties or otherwise) which (in the reasonable opinion of the Company) does actually or might reasonably be expected to bring himself or any Group Company into disrepute; and/or 22.3.12 acts in a way which is in the reasonable opinion of the Company materially adverse to the interests of the Company. 22.4 Any delay by the Company in exercising such right to terminate shall not constitute a waiver thereof.

Appears in 1 contract

Samples: Service Agreement (Virgin Media Investment Holdings LTD)

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Collective Agreement

Termination of Employment. a) Notice ‌ 29.1 Except in the case of a relief teacher or fixed term employee, the contract of employment may be terminated at any time by either party providing at least 7 term weeks’ notice (inclusive of the notice required under the NES). 29.2 Subject to Clause 6.4 (d), the contract of employment of a fixed term employee may be terminated at any time by either party providing at least 4 term weeks’ notice (inclusive of the notice required under the NES). 29.3 In the case of the Employer terminating the contract of employment, notice of the effective day of termination shall be provided in accordance with Section 661 writing to the employee. 29.4 The Employer may undertake any of the Act.following actions during the notice period: a) suspending the Employee; b) The Company shall give each employee a minimum period make payment in lieu of notice consistent with not provided, or part notice and part payment instead of notice, provided that the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year total weeks’ notice and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks’ payment instead equal 7. c) directing the Employee to perform duties other than the normal Duties and Responsibilities, including less senior or significant duties during the notice period; d) directing the Employee to not attend the School during the notice period but remain available to attend the School and/or perform any duties required; or e) implementing a combination of the above. 29.5 Where the Employer has given notice of termination, an employee is over 45 years entitled to up to one day time off without loss of age pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the time of termination and has a period of continuous service Employee after consultation with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveEmployer. d) Payment in lieu of 29.6 Where the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give provide the requisite required notice, the Employer may deduct from any monies owing an amount equivalent to the notice not provided. The Employee will forfeit payments for the Company shall have period not worked. 29.7 The Employer reserves the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due or recover on termination an amount equivalent to any period of overpayment of salary including unaccrued leave. 29.8 Notwithstanding the above you may be dismissed without notice for serious misconduct, in which case you are only entitled to be paid for the time worked up to the employee on termination, with a maximum amount equal to the equivalent pay for the period time of noticedismissal. g) Where an employee has given or been given notice of 29.9 On termination of employment he or she employment, the Employee shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed return all Employer property prior to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticereceiving any final payments.

Appears in 1 contract

Samples: Wa Catholic School Teachers Enterprise Agreement

Termination of Employment. 1. Termination of employment by either Employer or Employee shall follow established Sierra Health Services Policies and Procedures including appropriate notice, except as otherwise specifically set forth in this Article. 2. Employee may terminate employment hereunder with sixty (60) days prior written notice. If Employee is terminated during such sixty (60) day notice period, Employee shall be entitled to be paid his customary salary during the remainder of the notice period. If Employee shall voluntarily terminate employment all eligible separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, shall be paid or made available to Employee. 3. If Employer shall terminate Employee’s employment hereunder, or subsequent to the termination of this Agreement or any similar agreements, without cause, except as otherwise set forth in Paragraphs 6 and 7 of this Article, Employee shall be entitled to six (6) months salary and all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. 4. In the event Employee’s employment hereunder terminates for any reason other than for cause, as set forth in Paragraph 6 of this Article, Employee and his/her family shall be eligible to remain covered under Employer’s health care, dental, vision and life coverage program, at no expense, for a period of time equal to Employee’s length of service or until Medicare eligible, whichever occurs first, following termination of such employment. 5. Notwithstanding any other provision in this Agreement to the contrary, Employee hereby agrees that any separation compensation due to Employee, other than accrued vacation, shall be paid out 25% after the first 30 days, 37 1/2% after the first 60 days, and the remaining 37 1/2% at the end of 180 days, except in the event of a change in control. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. Any payments or such amounts which would otherwise be payable after a change in control, or arising as a result of a change in control, shall be made in a lump sum within five (5) business days following the date of the change in control and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 6. If Employer shall terminate Employee’s employment for Cause, which is defined as (1) Employee’s conduct that is materially detrimental to Employer’s reputation or business relationships, or (2) Employee’s misappropriation of Employer's funds, Employee shall be eligible for four (4) weeks salary and any other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level, as full and final payment under this Agreement. Payment of such amounts shall fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. (a) Notice If Employee is unable to perform Employee's duties hereunder, by reason of termination illness or incapacity of any kind, for a period of more than six (6) months in excess of accrued sick leave, Employee’s employment hereunder may be terminated by Employer at its absolute discretion with one week of prior written notice. (b) If Employee's illness or incapacity shall have ended, and Employee shall have assumed Employee's duties hereunder, prior to the date specified in the notice of termination, Employee shall be entitled to resume Employee's employment hereunder as if such notice had not been given. (c) In the event of the death of Employee during the term of this Agreement, Employer shall be required to pay Employee's personal representative or the executor or administrator of Employee's estate, three (3) months of Employee's total prior year's annual compensation including both salary and bonus. Such payment shall be in accordance with Section 661 addition to any other payment to which Employee or their estate is otherwise eligible for under the terms of this Agreement. 8. In the event of a change in control of Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the Act. bSecurities Exchange Act of 1934) The Company is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in control was not approved by a majority of the Board of Directors of Employer, Employee, at his/her sole option, shall give each employee be entitled to terminate his/her employment hereunder and, upon such termination, will be entitled to a minimum period cash amount equal to (2.0) times Employee’s current salary and the target annual bonus for which Employee is eligible in the year of notice consistent termination, together with any other separation compensation and benefits as are routinely made available to other employees of Employer at the table below: Period of Continuous Service Period of Notice Up same organizational level. Employee’s right to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age terminate under this Paragraph 8 may be exercised at the time of termination the change in control or at any time within two years after the change in control, including upon receipt of any notice that Employer has elected to terminate Employee’s employment without cause during such two-year period. Payment of such amounts shall be made in a lump sum within five (5) business days following the date such amounts become payable hereunder and has shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 9. In the event of a period change in control of continuous service with Employer, whereby any "person" (as such term is used in Sections 3(a)(9) and 13(d)(3) of the company Securities Exchange Act of 1934) is or becomes the beneficial owner, directly or indirectly, of securities of Employer representing 51% or more of the combined voting power of the then outstanding securities of Employer, and such change in excess control is approved by a majority of two yearsthe Board of Directors of Employer, the employee Employee, at his/her sole option, shall be entitled to one weekterminate his/her employment hereunder and, upon such termination, will be entitled to a cash amount equal to (2.0) times Employee’s notice current salary and the target annual bonus for which Employee is eligible in addition the year of termination, together with any other separation compensation and benefits as are routinely made available to that prescribed above. dother employees of Employer at the same organizational level, if, within two (2) Payment in lieu years after the effective date of the change in control any one of the following occurs: (a) the assignment to Employee of any duties inconsistent with Employee’s position (including status, offices, titles, and reporting requirements), authority, duties, or responsibilities or any other action by Employer that results in a material diminution in such position, authority, duties, or responsibilities, excluding for this purpose an action not taken in bad faith and that is remedied by Employer within 10 days after receipt of written notice prescribed above by Employee; (b) a reduction in Employee’s annual base salary or target bonus; (c) the relocation of Employer’s principle executive offices to a location more than 75 miles from the current location of such offices or (d), in the event such change in control occurs within the final two years prior to the calendar date stated as the termination date of the Agreement in Article II, and if, prior to such stated termination date and prior to termination of Employee’s employment, Employer has not offered to enter into an extension of this employment agreement or a new employment agreement providing benefits substantially equal to those under this agreement for a term to extend until at least two years after the date of such change in control. In addition, if Employee's employment hereunder is terminated for reasons other than those set forth in Paragraph 6 or 7 of this Article within two (2) years after the effective date of a change in control which was approved by a majority of Employer's Board of Directors, Employee shall be entitled to a cash amount equal to (2.0) times Employee’s current salary and the target annual bonus for which Employee is eligible in the year of termination, together with all other separation compensation and benefits as are routinely made available to other employees of Employer at the same organizational level. Payment of such amounts shall be made if in a lump sum within five (5) business days following the appropriate notice period is not givendate such amounts become payable hereunder, and shall, except as otherwise provided in any other benefit program or in this Agreement, fully release Employer from any and all liability of Employer relating to this Agreement or the employment hereunder. 10. Provided Anything contained herein to the contrary notwithstanding in the event that employment may be terminated by part Employer shall discontinue operation of Employer other than as a result of a merger, consolidation or acquisition, then this Agreement shall terminate and the provisions of Article VI shall terminate as of the period last day of notice specified the month in which Employer ceases operation with the same force and part payment in lieu thereofeffect as if such last day of the month were originally set as the termination date hereof. e) The period of notice in 11. Any amounts payable under this clause Article VII shall not apply also be payable to Employee in the case event Employee is terminated without cause during the 90-day period prior to a Change in Control. 12. Whether or not Employee becomes entitled to any payments under Paragraphs 1 through 11 of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 this Article VII, if any payments or benefits received, or to be received, by Employee (including the vesting of any option and other non-cash benefits and property), whether pursuant to any provision of this Agreement or any other plan, arrangement or agreement with Employer or any affiliated company, excluding the Gross-Up Payment described herein (such payments and benefits being the “Total Payments”), will be subject to any excise tax imposed under section 4999 of the Workplace Relations Regulations 2006. fInternal Revenue Code of 1986, as amended (such excise tax, including penalties and interest thereon, being the “Excise Tax”), Employer shall pay to Employee an additional amount (the “Gross-Up Payment”) The notice of termination required to be given such that the net amount retained by employees Employee, after reduction for any Excise Tax on the Total Payments and any federal and Excise Tax on the Gross-Up Payment, shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay sum of (i) the Total Payments plus (ii) any deductions disallowed for federal income tax purposes because of the inclusion of the Gross-Up Payment in Executive’s adjusted gross income multiplied by the Executive’s highest marginal rate of federal income taxation for the period of noticecalendar year in which the Gross-Up Payment is to be made. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Employment Agreement (Sierra Health Services Inc)

Termination of Employment. 2.10.1 Other than for probationary or casual employees, the Employee or the Employer may terminate the contract of service by providing: a) Notice four weeks’ written notice or by the payment or forfeiture of termination shall be four weeks’ pay in accordance with Section 661 lieu of notice as the Act.case may be; or b) The Company shall give each employee a minimum such other period as specified in the Employee’s contract of notice consistent with the table below: Period of Continuous Service Period of Notice Up service where applicable. 2.10.2 In addition to the completion of 1 year 1 week 1 year and up to notice at subclause 2.10.1, where the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where Employer terminates an employee is Employee over 45 years of age at the time of termination and the giving of the notice with not less than two years’ continuous service, the Employee is entitled to an additional weeks’ notice. 2.10.3 If an Employee fails to give the required notice the Employer has the right to withhold any monies due to the Employee to a maximum amount equal to the ordinary time rate of pay for the additional period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed abovenot given. d) 2.10.4 The Employer and Employee may mutually agree to a shorter notice period or waive the notice. 2.10.5 Payment in lieu of the notice prescribed above shall will be made if the appropriate applicable notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by the Employee working part of the applicable period of notice and by the Employer making payment for the remainder of the period of notice specified and part notice. 2.10.6 Any payment in lieu thereofof notice shall be calculated by reference to the salary the Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated. e) 2.10.7 The period of notice in this clause clause, shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 instant dismissal. Such conduct includes inefficiency within the first 14 days, neglect of the Workplace Relations Regulations 2006duty or misconduct. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) 2.10.8 Where an employee Employer has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee whoto an Employee, having given or been given such notice is absent from work without reasonable cause during such period an Employee shall be deemed allowed up to have abandoned employment and one days’ time off without loss of pay for the purpose of seeking other employment. The time off shall not be entitled taken at times that are convenient to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeEmployee after consultation with the Employer.

Appears in 1 contract

Samples: Public Transport Authority Salaried Officers Industrial Agreement 2020

Termination of Employment. a) Notice 24.1 For full-time and part-time employees, termination of termination employment shall be in accordance with Section 661 of the Act. b) Fair Work Act 2009. The Company shall give each employee a minimum period of notice consistent required to be given by the Company for such employees at the time of approval of this Agreement is as follows: Where the employee's period of continuous service with the table belowCompany is: Period The period of Continuous Service Period of Notice notice is: Up to the completion of 1 year 1 week 1 year and up to the completion of or more but less than 3 years 2 weeks 3 years and up to the completion of or more but less than 5 years 3 weeks 5 years and over or more 4 weeks c24.2 The period of notice required shall be increased by one (1) Where an week where the employee is over 45 forty-five (45) years of age at the time of termination and has a period completed at least two (2) years of continuous service with the company in excess Company at the time notice of two years, the termination is given. 24.3 The period of notice to be given by an employee shall be one (1) week. If an employee who is at least 18 years old does not give one (1) weeks’ notice, the Company is entitled to deduct from wages due to the employee under this Agreement an amount than is no more than one (1) week’s 's pay, provided this is not unreasonable in the circumstances. If the Company has agreed to a shorter period of notice in addition to than that prescribed aboverequired by this clause 24.3, then no deduction shall be made. d) 24.4 Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not givengiven by the Company except for summary dismissal in accordance with Clause 27.3. Provided that The employment may be terminated by the Company providing part of the period of notice specified and part payment in lieu. The Company may also elect to pay in lieu thereofof the entire notice period. Payment in lieu of notice shall be calculated in accordance with the Act. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. 24.5 Nothing in this clause shall prevent affect the right of the Company making to summarily dismiss an employee for misconduct or persistent poor performance that justifies this action. 24.6 Casual employees are entitled to one (1) hours’ notice of termination by the Company or payment in lieu of that notice. Casual employees who resign their employment must provide the same amount of notice or sacrifice a portion of their wage equivalent to that which would have been earned if the notice period had been served. 24.7 Where the Company has given notice of termination to a full-time or part-time employee, the employee shall be allowed up to one (1) days’ time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the Company.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice ‌ Termination of termination employment shall be in accordance with Section 661 the following: a. The employment of the Act. b) The Company shall give each any employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and whose appointment has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment been confirmed may be terminated by part of either party upon 6 months’ notice. A confirmed appointment shall be considered permanent subject to satisfactory performance until the period of notice specified and part payment in lieu thereofemployee’s normal retirement date unless the employer finds it necessary to terminate the appointment for reasonable cause. e) b. The notice period of notice in this clause shall not apply for staff employed in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006research funded category is one month. fc. The employment of any other employee (excluding an employee on a fixed-term agreement) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable terminated by either party upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of 3 months’ notice. g) d. Where an employee has given or been given a fixed-term agreement expires, notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned been given at the time the agreement of employment and was entered into. Notwithstanding this, either party may terminate the employment at a date earlier than the expiry of the fixed-term agreement for which the notice period shall not be one month. In the case of staff on fixed-term agreements nothing in this agreement shall be read to create an expectation of continued employment beyond the expiry of the staff member’s fixed-term. e. The above periods of notice may be varied by mutual agreement. f. Notwithstanding the above provisions, the employer shall be entitled to payment for work done within terminate any employee’s employment at any time and without notice or with reduced notice in the event of serious misconduct by the employee. The employer reserves the right, to suspend on full pay any employee involved in a disciplinary procedure where the employer considers suspension to be in the best interests of any of those involved. g. Where a fixed term agreement expires, notice shall be deemed to have been given at the time the employment agreement was entered into. 3-months notice will be required if either party wishes to terminate the agreement prior to the end of the fixed term. h. Further an employee may be required by the employer to relinquish employment based on the certificates of two medical practitioners nominated by the employer certifying that periodthe employee is no longer capable of undertaking the full duties of that employee’s position. Nothing in this clause shall prevent The employer will only take such action when paid sick leave has been exhausted and redeployment possibilities investigated. The employer will meet the Company making payment in lieu costs of noticesaid medical examinations.

Appears in 1 contract

Samples: Individual Employment Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 117 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 Section 123 of the Workplace Relations Regulations 2006Act. f) The notice of termination required to be given by employees shall be the same as that required of the Company, except that there is no additional notice based on age of the employee concerned. If an employee fails falls to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice. h) Where the Company has given notice of termination to an employee, the employee shall be allowed up to one day’s paid time off during the notice period with pay to seek other employment. i) Except for casuals, where the Company terminates the employment of an employee, except by reason of the misconduct of the employee within 10 days prior to a public holiday or group of holidays, the employee shall be paid for that holiday or group of holidays, provided that they have been employed for a period of at least one week prior to the termination of employment. Provided further, where an employee is re-employed within a period of one month of the termination of employment, the employee shall be paid for all holidays occurring within the period between the termination of service and re-employment. j) When any two or more of the holidays prescribed in this agreement occur within one week of one another, such holidays shall, for the purposes of this Part, be deemed a group of holidays.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. (a) Notice In order to terminate the employment of termination shall be a full-time or part-time employee the Employer must give to the employee the notice specified in accordance with Section 661 of the Act. b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeksyears c(i) Where an employee is For the purposes of this sub-clause, continuity of service must be calculated in the manner prescribed in Clause 25 Annual Leave of Part B of this Agreement. (b) In addition to this notice, employees over 45 years of age at the time of termination and has a period of giving notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall be are entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(c) Payment in lieu of the notice prescribed above shall will be made if the Employer does not require the appropriate notice period is not givento be worked. Provided that employment Employment may be terminated by the employee working part of the required period of notice and the Employer making payment for the remainder of the period of notice specified and part notice. (d) The required amount of payment in lieu thereofof notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the Employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: (i) the employee’s ordinary hours of work (even if not standard hours); and (ii) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and (iii) any other amounts payable under the employee’s contract of employment. (e) The period of notice in this clause shall does not apply apply: (i) in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 misconduct; (ii) to apprentices; (iii) to employees engaged for a specific period of time or for a specific task or tasks; (iv) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the Workplace Relations Regulations 2006agreement; or (v) to casual employees. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Workplace Agreement

Termination of Employment. Notice: 1. Except in the case of summary dismissal for serious misconduct, employment may be terminated after completion of the probationary period by the Company giving the employee notice according to the period of service with the Company as follows: (a) Notice of termination shall be in accordance with Section 661 of the ActOne (1) year or less – one (1) week. (b) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 Over one (1) year and up to the completion of 3 three (3) years 2 weeks 3 – two (2) weeks. (c) Over three (3) years and up to the completion of 5 five (5) years 3 weeks 5 – three (3) weeks. (d) Over five (5) years and over 4 – four (4) weeks. c(e) Where an employee is In addition to this period of notice, employees who are over 45 years of age at the time of termination giving of notice and has a period of who have at least two (2) years continuous service with the company Company, will receive an additional one (1) week of notice. The Company and the employee may agree, on appointment, to a period of notice greater than that prescribed in excess Subclause 1 above provided such period of two yearsnotice does not exceed three months. However, the Company and the employee shall be entitled to one week’s may agree in writing that a lesser period of notice may apply in addition to lieu of that prescribed outlined in Subclause 1 above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given2. Provided that employment The Company may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required elect to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making make payment in lieu of notice. 3. Should the employee wish to terminate employment after the probationary period, the employee is required to give the period of notice specified in Subclause 1 above. Failure to give the required period of notice may result in the Company withholding monies for the balance of the notice period. 4. Where the Company has given notice of termination, the employee is permitted up to one (1) day’s leave without loss of salary for the purpose of seeking other employment. This leave will be taken at times that are mutually convenient to the Company and the employee. 5. Where circumstances warrant it, and in particular, where there is an allegation of serious misconduct raised against an employee, the Company has the absolute discretion to temporarily suspend the employee from their duties pending a full investigation of the allegations surrounding the circumstances involving the employee. The employee shall be paid normal salary while suspended and the Company shall ensure that the investigation into the circumstances of the suspension is completed within two (2) weeks of the suspension occurring. 6. Where an employee is dismissed for serious misconduct, salary shall be paid up to the date and time of dismissal. 7. Where an employee is absent from duty for a period of five (5) days or longer without the authorisation of the Company or without good cause, they may be deemed by the Company to have abandoned their employment.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 10.1 The first 6 months of the Act. b) The Company shall give each employee a minimum period of notice consistent Employee’s employment with the table below: Period of Continuous Service Period of Notice Up to Company will be treated as a probationary period. The Employee’s employment may be terminated by the completion of 1 year 1 week 1 year and up to Employee or by the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to Company on one week’s notice in addition writing at any time during or at the end of this period. At the Company’s discretion this probationary period may be extended for up to that prescribed abovea further 3 months. d) Payment in lieu 10.2 Following the completion of the notice prescribed above shall be made if probationary period the appropriate notice period is not given. Provided that employment of the Employee may be terminated by part either the Employee or the Company giving to the other written notice as follows: during the first 2 years of continuous employment not less than one week’s notice; during the third to twelfth years of continuous employment not less than one week’s notice for each year of continuous employment; and after 12 years of continuous employment not less than 12 weeks’ notice. At any time during the course of this Agreement, the Company can terminate the employment of the Employee without notice or payment in lieu of notice in the event of serious or persistent misconduct by the Employee. 10.4 Notwithstanding clause 10.2, the Company may, in its sole and absolute discretion, terminate the employment of the Employee at any time and with immediate effect by notifying the Employee that the Company is exercising its right under this clause 10.4 and that it will make within [28] days a payment in lieu of notice (Payment in Lieu) to the Employee. This Payment in Lieu will be equal to the basic salary (as at the date of termination) which the Employee would have been entitled to receive under this agreement during the notice period referred to at clause 10.2 (or, if notice has already been given, during the remainder of the notice period) less income tax and National Insurance contributions. 10.5 At any time during any period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be (whether given by employees shall be the same as that required of Company or the Company. If an employee fails to give the requisite notice Employee) the Company shall have the right in its absolute discretion to withhold wages and/or entitlements (excluding annual leave payable upon termination) due assign reduce or provide alternative duties or no duties at all to the employee on terminationEmployee and shall be entitled to require the Employee to act at the direction of the Company including the right to exclude the Employee from its premises and/or prevent the Employee from discussing its affairs with the Company’s employees, with a maximum amount equal agents, clients or customers. If the Company exercises its rights under this clause the Employee’s entitlement to salary and other contractual benefits shall continue subject always to the equivalent pay for relevant scheme or policy relating to such benefits. For the period avoidance of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause doubt at all times during such period the Employee shall continue to be deemed bound by the same obligations to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu as were owed prior to the commencement of noticethe notice period.

Appears in 1 contract

Samples: Employment Agreement

Termination of Employment. 25.1 Except in the case of casual Employees, the contract of employment may be terminated at any time by: (a) Notice of termination shall be the Employer giving the Employee written notice in accordance with Section 661 of the Act.table below; or (b) The Company shall give each employee a minimum period of the Employee giving the Employer notice consistent in accordance with the table below: Period of Continuous Service Period of Notice Up to the completion of Not more than 1 year 1 week More than 1 year and up to the completion of but not more than 3 years 2 weeks More than 3 years and up to the completion of but not more than 5 years 3 weeks More than 5 years and over 4 weeks c25.2 The period of notice to be given by the Employer is increased by one (1) Where an employee week if the Employee is over 45 forty-five (45) years of age at the time of termination and has a period of completed at least two (2) year’s continuous service with the company in excess Employer. The Employee will not be required to provide additional notice because of two years, the employee shall be entitled to one week’s notice in addition to that prescribed aboveage. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that 25.3 For casual Employees, employment may be terminated by part either party giving four (4) hours’ notice. 25.4 Instead of providing notice, the Employer may provide the Employee with payment in lieu of notice for the period of notice specified and part payment in lieu thereofnot provided. Payment shall be the total of all amounts that, if the employment had continued until the end of the required notice period, the Employer would have become liable to pay. e) The 25.5 If an Employee, who is over 18 years old, fails to provide the required notice, the Employer may deduct from wages due to the Employee an amount that is no more than one week’s wages for the Employee. Any deduction made in accordance with this clause must not be unreasonable. 25.6 This clause does not operate so as to prevent an Employee and the Employer from agreeing to accept a greater or lesser amount of notice period when terminating the employment. If the Employer has agreed to a shorter period of notice than is required by this clause, no deduction in this accordance with clause 25.5 can be made. 25.7 Notwithstanding the above, an Employee may be dismissed without notice for serious misconduct, and in such cases, wages shall not apply in be paid up to the case time of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006only. f) The notice of termination required to be given by employees shall be 25.8 Where the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee Employer has given or been given notice of termination to an Employee, the Employee must be allowed time off without loss of employment he or she shall continue in employment until pay of up to one day for the date purpose of seeking other employment. 25.9 The time off under clause 25.8 is to be taken at times that are convenient to the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall Employee after consultation with the Employer. 25.10 Casual Employees are not be entitled to payment for work done within that period. Nothing in this the job search entitlement under clause shall prevent the Company making payment in lieu of notice25.8 and 25.9.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. Employer may terminate this Agreement with or without cause at any time during the term of this Agreement. If the employment of Executive with Employer is terminated (i) by Employer for any reason other than Good Cause (as defined in Section 25 below) or (ii) by Executive for Good Reason (as defined in Section 25 below), the following provisions will apply: (a) Notice of termination Employer shall be during the Severance Period (as defined in accordance with Section 661 of the Act.25 below), continue to pay Executive an amount equal to: b(i) The Company shall give each employee a minimum period of notice consistent with the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age Executive's Base Salary at the time of termination of employment; and (ii) That portion of Executive's Bonus based on achievement of budget and has a period of continuous service with the company in excess of two yearsother operational performance factors, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period criteria is not givenmet. Provided that employment may Such amount will be terminated paid during the Severance Period in monthly or other installments, similar to those being received by part of Executive at the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice date of termination of employment he or she shall continue in employment until employment, and will commence as soon as practicable following the date of termination of employment. (b) Upon the expiration date of termination of employment, Executive shall fully vest in the 100,000 shares of Employer's Common Stock granted pursuant to a restricted stock award on the Date of Employment. (c) During the Severance Period Executive shall continue to vest in stock options granted to Executive during the term of his employment in accordance with the terms of each letter agreement awarding such noticestock options. Any employee whoFor this purpose only, having given or been given such notice is absent from work without reasonable cause during such period Executive shall be deemed to have abandoned be an employee of Employer during the Severance Period. (d) During the Severance Period Executive and his spouse and family will continue to be covered by all Welfare Plans (as defined in Section 25 below), maintained by Employer in which he or his spouse or family were participating immediately prior to the date of his termination as if he continued to be an employee of Employer; provided that, if participation in any one or more of such Welfare Plans is not possible under the terms thereof, Employer will provide substantially identical benefits to the extent possible. If, however, Executive obtains employment with another employer during the Severance Period, such coverage shall be provided until the earlier of: (i) the end of the Severance Period or (ii) the date on which the Executive and his spouse and family can be covered under the plans of a new employer without being excluded from full coverage because of any actual pre-existing condition. Executive's eligibility for and the Employer match to the 401(k) Plan, Supplemental Executive Retirement Plan and/or any other retirement savings program in which the Employee participates shall end at the date of termination of employment. (e) Executive shall not be entitled to payment payments during the Severance Period attributable to compensation for work done within that periodvacation periods he would have earned had his employment continued during the Severance Period or to unused vacation periods accrued as of the date of termination of employment. (f) During the Severance Period Executive shall not be entitled to reimbursement for fringe benefits such as car allowance, dues and expenses related to club memberships, and expenses for professional services. Nothing in this clause shall prevent the Company making payment in lieu of noticeCompensation under Sections 9(a), (b), (c) and (d) hereof is contingent upon Executive's compliance with Section 14 hereof.

Appears in 1 contract

Samples: Employment Agreement (Coventry Health Care Inc)

Termination of Employment. a) Notice Where a full time or part time Employee has successfully completed probation, the contract of employment may be terminated at any time by either Party giving the other Party the period of notice set out below or by the payment of forfeiture in lieu of notice as set out below. The contract of employment may be terminated at any time by either party providing notice in accordance with the table below. Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks i. An Employee who is more than 45 years old and who has completed 2 years continual service is entitled to an additional week’s notice. ii. In the case of the Company terminating the contract of employment, notice of the effective day of termination shall be provided in accordance with Section 661 of writing to the ActEmployee. b) iii. The Company shall give each employee a minimum period of notice consistent with may either require the table below: Period of Continuous Service Period of Notice Up Employee to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of work out the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment or may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making make payment in lieu of notice not provided. Payment shall be the total of all amounts that, if the employment had continued until the end of the minimum notice period, the Company would have become liable to pay. iv. Where the Company has given notice of termination, the Employee is entitled to up to one day per week off work without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the Employee after consultation with the Company. v. Where the Employee fails to provide the required notice, the Company may deduct from any monies owing an amount equivalent to the notice not provided. vi. This clause does not operate so as to prevent the Employee and the Company from agreeing to accept a greater or lesser unit of notice period when terminating the contract. vii. Notwithstanding the above, the Employee may be dismissed without notice for serious misconduct, and in such case wages shall be paid up to the time of dismissal only. a. On the termination of employment, the Employee shall return all Company property prior to receiving any final payments.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice of termination shall be in accordance with Section 661 by the Employer (i) In order to terminate the employment of the Act. b) The Company Employee, where employed on a full-time or part-time basis, the Employer shall give each employee a minimum to the Employee the period of notice consistent with specified in the table below: Period of Continuous Service continuous service Period of Notice Up to the completion of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years and over of completed service 4 weeks c(ii) Where an employee In addition to this notice, where the Employee is over 45 years of age at the time of termination and has a period the giving of the notice with not less than two years continuous service with the company in excess of two yearsservice, the employee shall they will be entitled to one an additional week’s notice in addition to that prescribed abovenotice. d(iii) Payment in lieu of the notice prescribed above shall will be made if the appropriate notice period is not givenrequired to be worked. Provided that employment Employment may be terminated by part the Employee payment for the remainder of the period of notice specified and part notice. (iv) In calculating any payment in lieu thereofof notice, the wages the Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used. e(v) The period of notice in this clause Clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined misconduct, or in Regulation 12.10 the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks. (vi) Notwithstanding the foregoing provisions, where the Employee has been working part of the Workplace Relations Regulations 2006.required period of notice and by the Employer making engaged as a trainee for a specific period of time, shall once the traineeship is completed and provided that the trainees’ services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of the traineeship and is re- engaged by the Employer within six months of such termination the period of traineeship shall be counted as service in determining any future termination. Notice of termination by the Employee f(vii) The notice of termination required to be given by the Employee: (a) Subject to sub-clauses (b) and (c) employees with 1 year or less of service shall provide the employer with one week notice, all other employees shall give the employer two weeks’ notice of termination in writing. (b) A Director of Nursing shall give 4 weeks’ notice of termination in writing. (c) Casuals shall only be required to give notice to the same as that required end of the Companycurrent shift worked. If an employee fails to give the requisite notice specified in sub-clause (vii)(a) or (b) above, the Company Employer may withhold wages due to the employee up to an amount equal to the amount the employee would have received had the required notice been worked less any notice actually worked by the employee. Such deduction will be in accordance with the requirements of s324(1)(b) of the Fair Work Act 2009 (viii) Instant dismissal The Employer shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to dismiss the employee on termination, Employee without notice for conduct that justifies summary dismissal in accordance with a maximum amount equal to the equivalent pay for the period of noticeFair Work Act 2009. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of notice.

Appears in 1 contract

Samples: Enterprise Agreement

Termination of Employment. a) Notice The parties acknowledge that occasions may arise when, due to a downturn of termination work and completion of any staged work on the Project, it may not be possible to retain all Employees. In such cases employment consideration shall be in accordance with Section 661 determined by work availability, skill and ability of the Act. bEmployee, diligence, experience, suitability to the task(s) The Company shall give each employee and work performance. Except for a minimum probationary Full Time Employees whose period of notice consistent with will be one (1) days pay in lieu of notice and Casuals whose notice will be one (1) hours pay in lieu of notice. The period of notice to be given by PPW, except for in cases warranting summary dismissal shall be as follows: Where the table below: Employee’s Period of Continuous Service with the Employer is The Period of Notice is: Up to the completion of 1 year 1 week 1 year and up to the completion of 3 or more but <3 years 2 weeks 3 years and up to the completion of or more but <5 years 3 weeks 5 years and over or more 4 weeks c) Where an employee weeks This period of notice is to be increased by 1 week where the Employee is over 45 years of age and has completed 2 years of continuous service with PPW at the time of termination and has a period of continuous service with giving the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) notice. Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part for any of the period of notice specified and part payment shall only be made for the ordinary time hours, which would have been worked by that Employee within that period. Where an Employee terminates their employment they shall provide a minimum of one (1) weeks notice of forfeiture in lieu of thereof. e) The period of notice in this clause . Employees shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required to be given by employees shall be the same as that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on termination, with a maximum amount equal to the equivalent pay for the period of notice. g) Where an employee has given or been given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not only be entitled to payment up to and including their last day of attended work were the employee has abandoned their employment. The right of PPW to dismiss an Employee without notice for serious misconduct that justifies that action is not affected by this sub-clause or by any other provision of this Agreement. • Examples of what may constitute serious misconduct include, but are not limited to the following: • Serious or repeated breaches of relevant Legislation and/or Regulations. • Serious or repeated breaches of “Project Safety Rules, Policies, Standards and/or Regulations. • Engaging or participating in any illegal activities. • Smoking in any designated “No Smoking” area. All site offices inclusive of amenities, enclosed areas and inside vehicles are non smoking areas. • Alcohol and Drugs ○ Reporting to work done while under the influence of alcohol and/or drugs. ○ Drunken / Drugged Behaviour ○ Possession of, or use of, illegal drugs/substances. ○ Elicit trade of alcoholic beverages and or drugs ○ Offensive, intimidating or violent behaviour in any form regardless of how or why it was initiated, ○ Vandalism ○ Unauthorised possession of company or another Employees property. ○ Practical jokes or acts of horseplay. ○ Discrimination or harassment of any form, including that relating to race, colour, religion, sex, age, national origin, ancestry, disability or as provided under the relevant legislation. ○ Possession and/or use of weapons of any kind. ○ Serious or repeated breaches or any Project rules, including engaging or participating in any illegal activities. ○ Trespass without permit on any restricted accesses areas. ○ Fighting. ○ Except in the absence of suitable and accessible toilets provided on site and not being within that periodpublic view. Nothing It will be an offence to urinate and/or defecate on site, other than in this clause shall prevent the Company making payment toilets provided. ○ Sabotaging in lieu any way or form the plant, equipment, materials, amenities and/or the services of notice.the site. ○ Repeated occurrences of poor attendance without just cause by the employee. ○ Malicious contamination of the environment ○ Failure to wear as required the prescribed Protective Personal Equipment (PPE)

Appears in 1 contract

Samples: Workplace Agreement

Termination of Employment. a) Notice a. Employment may be terminated as follows: i. For employees other than fixed-term staff and staff paid on Scale 7, notice of termination shall be in accordance with Section 661 of the Actone month by either party. b) The Company ii. For a fixed-term employee employment shall give each employee terminate upon the expiry of his/her term of employment but either party may terminate the employment at a minimum period of notice consistent with date prior to such expiry for which the table below: Period of Continuous Service Period of Notice Up to the completion of 1 year 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks c) Where an employee is over 45 years of age at the time of termination and has a period of continuous service with the company in excess of two years, the employee shall be entitled to one week’s notice in addition to that prescribed above. d) Payment in lieu of the notice prescribed above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies serious misconduct as defined in Regulation 12.10 of the Workplace Relations Regulations 2006. f) The notice of termination required shall be one month by either party. iii. For staff paid on Scale 7, notice of termination shall be two weeks by either party. iv. The above periods of notice may be varied by mutual agreement. v. Clauses i. to iv. above shall not prevent the employer from summarily dismissing an employee for misconduct. b. The employer reserves the right, in consultation with the relevant Union, to suspend on full pay any employee involved in a disciplinary procedure where the employer considers suspension to be given in the best interests of any of those involved. c. An employee may be required by employees shall be the same as employer to relinquish employment based on the certificates of two medical practitioners nominated by the employer certifying that required of the Company. If an employee fails to give the requisite notice the Company shall have the right to withhold wages and/or entitlements (excluding annual leave payable upon termination) due to the employee on terminationis no longer capable of undertaking the full duties of their position. The employer will, with a maximum amount equal to the equivalent pay for during the period of notice, consider redeployment to any vacancy for which the employee is suited. The employer will meet the costs of said medical examinations. The employer will, in these circumstances, normally give the employee not less than three months notice of termination provided that a lesser period may apply by mutual agreement. g) Where an d. Each employee, upon termination, shall on request be provided with a certificate of service, within a reasonable period. e. Redundancy notice: Employees to be declared surplus, due to their position no longer being required, shall receive not less than two months notice of termination of their employment and, during this period, the employer will consider redeployment of the employee has given or been given to another similar position which may be available. Retraining of affected employees for a significant career change will be considered. The cost of retraining will be no more than what the affected employee would have received for a redundancy payment. The relevant Union will be notified at the same time that notice of termination of employment he or she shall continue is given to an employee. f. The notice period for staff employed in employment until the date of the expiration of such notice. Any employee who, having given or been given such notice research funded category is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. Nothing in this clause shall prevent the Company making payment in lieu of noticeone month.

Appears in 1 contract

Samples: Collective Employment Agreement

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