Termination on Medical Grounds. The Operator may terminate this Occupation Right Agreement on the following grounds:
(a) If a medical practitioner, after assessing the Resident, certifies that the Resident’s physical or mental health is such that the Resident or other Residents cannot live safely in their units. The following conditions apply:
(i) the Operator shall appoint the medical practitioner at the Operator’s cost.
(ii) the medical practitioner appointed must be independent of the Operator.
(iii) the assessment by the medical practitioner must take into account the care, support and facilities offered in the Village, including the opportunity to transfer to a higher level of care, and support services that could be brought in from outside the Village to support the Resident to remain in the Unit.
(iv) the Resident (or support person or holder of an Enduring Power of Attorney for Personal Care and Welfare) may, as part of being consulted on the proposed termination, obtain a second medical opinion at the Resident’s cost and present it to the Operator.
Termination on Medical Grounds. 12.3.1 If the Employer believes on reasonable grounds that you are not able to do your job because of a condition, illness or injury, and will not be able to resume your job within a reasonable timeframe (eg 6 weeks), the Employer may end your employment by giving you notice under clause 13.1 (General termination of employment) and an additional four weeks’ notice (ie a total of 8 weeks’ notice). Before doing so, the Employer will:
(a) request medical details from you about your condition
(b) consider any information provided within a reasonable timeframe, together with any results from medical examinations they have asked you to take
(c) try to meet with you to discuss your condition and timeframes for recovery.
Termination on Medical Grounds. In the event the Employee has been absent from work for a continuous period of 2 months or for periods which together in any 12 month period amount to 2 months the Employer shall be entitled to require the Employee to undergo a medical examination by a registered medical practitioner nominated by the Employer, at the Employer's cost. In assessing the Employee's fitness for work, the Employer shall take into account any report provided as a result of that examination, and any other medical report provided by the Employee within a reasonable time-frame. If, in the reasonable opinion of the Employer, the Employee is incapable of the proper performance of their duties by reason of illness or injury, the Employer may terminate this agreement by the provision of at least 2 weeks notice.
Termination on Medical Grounds. In the event the Employee has been absent from work for a continuous period of 1 months or for periods which together in any 12 month period amount to 1 months the Employer shall be entitled to require the Employee to undergo a medical examination by a registered medical practitioner nominated by the Employer, at the Employer's cost for the purpose of assessing fitness to work. If, in the reasonable opinion of the Employer, the Employee is incapable of the proper performance of their duties by reason of illness or injury, the Employer may terminate this agreement by the provision of at least 1 weeks’ notice.
Termination on Medical Grounds. The Employer may terminate the Employee’s employment if the Employee is unable to carry out the Employee’s duties for a total of three (3) months in any twelve (12) month period because of mental or physical illness or incapacity. Where the Employer intends to use its discretion to consider termination on medical grounds the Employer may make enquiries as to the Employee’s mental or physical illness or incapacity in terms of medical certificates and medical opinion in an effort to determine the Employee’s likely length of illness or incapacity. The Employee agrees to provide such information to the Employer. The Employer will give the Employee notice of any termination arising out of the Employee’s incapacity or illness based on clause 31.1 above and will give the Employee a minimum of four (4) weeks’ notice. DRAFT
Termination on Medical Grounds. The employer may terminate the employee’s employment if either:
(a) The employee has been unable to carry out their duties for a total of 3 months (or 95 days) in any 12 month period due to any mental or physical illness or incapacity; Or
(b) Following an assessment by a medical practitioner, the prognosis is that the employee will be unable to carry out their duties for a total of 3 months in any future 12 month period due to any mental or physical illness or incapacity. Where the employer considers termination on medical grounds, the employer must consult with the employee and make enquiries as to the nature of their mental or physical illness or incapacity before reaching their decision. Where considering termination under sub-clause 34.1(b), the employer must request that the employee consent to an assessment by a registered medical practitioner at their own expense to establish the relevant prognosis. This requirement does not apply if the employee has already provided the employer with a formal prognosis which satisfies sub-clause 34.1(b) at the time of the employer’s consideration. Where the employer terminates the employee’s employment under this clause, they must serve the employee with four weeks’ notice.
Termination on Medical Grounds. 1 If you are prevented by accident or ill health from carrying out your duties under this agreement:
a. You will continue to receive your full salary and allowances for a period of up to 120 working days but shall, if required, furnish the Employer with medical evidence of your incapacity and its cause to the satisfaction of the Employer;
b. If your incapacity continues for more than 120 working days or if you are incapacitated at different times for more than 120 working days in any 12 month period then in either of those cases the Employer may terminate your employment without notice or compensation in lieu of notice;
c. If at any time in the opinion of a medical practitioner nominated by the Employer you have become permanently disabled or incapacitated, the Employer may terminate your employment without notice or compensation in lieu of notice.
Termination on Medical Grounds. (a) The Mission may terminate employment by giving such notice as it considers necessary (but being not less than two weeks) if as a result of any mental or physical illness, or incapacity, the Employee is incapable of performing his or her duties.
(b) Before terminating the employment relying on the above clause, the Mission will request that the Employee undergo a medical examination by a registered medical practitioner, at its expense, and will take into account any reports or recommendations made available.
(c) The contents of any reports or recommendations received by the Mission will be confidential to the Mission and the employee.
Termination on Medical Grounds. (i) The employer may consider termination of an employee’s employment in situations where the employee is rendered incapable of the proper ongoing performance of their duties as a result of illness, injury or disability.
(ii) Before taking any action under this clause the employer may require the employee to undergo a medical examination by a registered medical practitioner, as agreed between the employer and employee, which will be paid for by the employer. Any reports or recommendations made available as a result of that examination will be taken into account as will any other relevant medical reports or recommendations which may be received or tendered on behalf of the employee.
(iii) In the event the employer and employee are unable to agree on a registered medical practitioner then the employer may nominate 2 or 3 doctors from which the employee must then select one to attend.
Termination on Medical Grounds. 17.1 If, as a result of an extended period of physical or other illness or accident, an employee is rendered incapable of the proper ongoing performance of the functions, duties and obligations of his or her position for an extended period then the employee's ability to reasonably return to normal duties may be reviewed,
17.2 Before taking any action under this clause, the employer may require an employee to undergo, at the employer's expense, a medical examination by a registered medical practitioner. The purpose of such an examination shall be to ascertain whether the employee is capable of working in a particular position or able to carry out certain duties or work in a certain environment without risk to the health and safety of either the employee or others.
17.3 The employee agrees that the results of such examination shall be made available to the employer.
