Common use of Voluntary Retrenchment Clause in Contracts

Voluntary Retrenchment. D.4.1. Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment. D.4.2. The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer. D.4.3. Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years. D.4.4. The surplus employee may be retrenched at any time within the period of notice under clause D.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. D.4.5. A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary including, where applicable, Northern Territory allowance: (a) For an employee with at least one year but less than two years service: four weeks salary; (b) For an employee with at least two years but less than three years service: six weeks salary; (c) For an employee with between three years and three and a half years service: seven weeks salary; and (d) For an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary. D.4.6. For the purpose of calculating payment under clause D.4.5: (a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in the employee’s higher designation at the date of notification; and (b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall be counted as part of “weeks salary”. D.4.7. The inclusion of allowances or loadings as salary, other than those specified in clause D.4.6 will be at the discretion of the employer. D.4.8. The entitlement under: (a) clause D.4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) clause D.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. D.4.9. All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. D.4.10. Subject to clause D.4.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the employer. D.4.11. A surplus employee who has a leave airfare entitlement pursuant to the By-laws, is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and their recognised dependants. This entitlement is in lieu of removal and relocation expenses in clause D.4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

Voluntary Retrenchment. D.4.1. 2.4.1 Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment. D.4.2. 2.4.2 The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer. D.4.3. 2.4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years. D.4.4. 2.4.4 The surplus employee may be retrenched at any time within the period of notice under clause D.4.32.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. D.4.5. 2.4.5 A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary including, where applicable, Northern Territory allowance: (a) For for an employee with at least one year but less than two years service: four weeks salary; (b) For for an employee with at least two years but less than three years service: six weeks salary; (c) For for an employee with between three years and three and a half years service: seven weeks salary; and (d) For for an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary. D.4.6. 2.4.6 For the purpose of calculating payment under clause D.4.52.4.5: (a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is they are a surplus employee, the salary level is the employee’s salary in the employee’s their higher designation at the date of notification; and (b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall be counted as part of “‘weeks salary”’. D.4.7. 2.4.7 The inclusion of allowances or loadings as salary, other than those specified in clause D.4.6 2.4.6, will be at the discretion of the employer. D.4.8. 2.4.8 The entitlement under: (a) clause D.4.3 2.4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) clause D.4.5 2.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. D.4.9. 2.4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. D.4.10. 2.4.10 Subject to clause D.4.112.4.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the employer. D.4.11. 2.4.11 A surplus employee who has a leave airfare entitlement pursuant to the under PSEM By-laws, law 33 or 47 is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and their the employee’s recognised dependantsdependents. This entitlement is in lieu of removal and relocation expenses in clause D.4.102.4.10 , and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

Voluntary Retrenchment. D.4.1. 4.4.1 Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment. D.4.2. 4.4.2 The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer. D.4.3. 4.4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years. D.4.4. 4.4.4 The surplus employee may be retrenched at any time within the period of notice under clause D.4.34.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. D.4.5. 4.4.5 A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary including, where applicable, Northern Territory allowance: (a) For for an employee with at least one year but less than two years service: four weeks salary; (b) For for an employee with at least two years but less than three years service: six weeks salary; (c) For for an employee with between three years and three and a half years service: seven weeks salary; and (d) For for an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary. D.4.6. 4.4.6 For the purpose of calculating payment under clause D.4.5:4.4.5 (a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is they are a surplus employee, the salary level is the employee’s salary in the employee’s their higher designation at the date of notification; and (b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork shift work for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall be counted as part of “‘weeks salary”’. D.4.7. 4.4.7 The inclusion of allowances or loadings as salary, other than those specified in clause D.4.6 4.4.6, will be at the discretion of the employer. D.4.8. The entitlement under: (a) clause D.4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) clause D.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. D.4.9. All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. D.4.10. Subject to clause D.4.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the employer. D.4.11. A surplus employee who has a leave airfare entitlement pursuant to the By-laws, is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and their recognised dependants. This entitlement is in lieu of removal and relocation expenses in clause D.4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

Voluntary Retrenchment. D.4.1. 2.4.1 Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment. D.4.2. 2.4.2 The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer. D.4.3. 2.4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years. D.4.4. 2.4.4 The surplus employee may be retrenched at any time within the period of notice under clause D.4.32.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. D.4.5. 2.4.5 A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary including, where applicable, Northern Territory allowanceAllowance: (a) For an employee with at least one year but less than two years service: four weeks salary; (b) For an employee with at least two years but less than three years service: six weeks salary; (c) For an employee with between three years and three and a half years service: seven weeks salary; and (d) For an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary. D.4.6. 2.4.6 For the purpose of calculating payment under clause D.4.52.4.5: (a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in the employee’s their higher designation at the date of notification; and (b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork shift work for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall be counted as part of “‘weeks salary”’. D.4.7. 2.4.7 The inclusion of allowances or loadings as salary, other than those specified in clause D.4.6 2.4.6, will be at the discretion of the employer. D.4.8. 2.4.8 The entitlement under: (a) clause D.4.3 Clause 2.4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) clause D.4.5 Clause 2.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. D.4.9. 2.4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. D.4.10. 2.4.10 Subject to clause D.4.112.4.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the employer. D.4.11. 2.4.11 A surplus employee who has a leave airfare entitlement pursuant to the By-laws, is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and their the employee’s recognised dependantsdependents. This entitlement is in lieu of removal and relocation expenses in clause D.4.102.4.10, and this must be used within with 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

Voluntary Retrenchment. D.4.1. 2.4.1 Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment. D.4.2. 2.4.2 The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer. D.4.3. 2.4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years. D.4.4. 2.4.4 The surplus employee may be retrenched in accordance with this clause at any time within the period of notice under clause D.4.32.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. D.4.5. 2.4.5 A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary amounts including, where applicable, Northern Territory allowanceAllowance: (a) For for an employee with at least one year but less than two years serviceyears: four weeks salary; (b) For for an employee with at least two years service, but less than three years service: six weeks salary; (c) For for an employee with between three years and three and a half years service: seven weeks salary; and; (d) For for an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary. D.4.6. 2.4.6 For the purpose of calculating payment under clause D.4.52.4.5: (a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in the employee’s their higher designation at the date of notification; and; (b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall will be counted as part of “a weeks salary”. D.4.7. 2.4.7 The inclusion of other allowances or loadings as salary, other than those which are in the nature of salary specified in clause D.4.6 will be at the discretion of the employer.clause D.4.8. 2.4.8 The entitlement under: (a) clause D.4.3 2.4.3 constitutes notice for the purposes purpose of section 117 of the FW Act; and (b) clause D.4.5 2.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. D.4.9. 2.4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. D.4.10. 2.4.10 Subject to clause D.4.11, 2.4.11 a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the employer. D.4.11. 2.4.11 A surplus employee who has a leave airfare entitlement pursuant to the in accordance with By-lawslaw 33 or 47, is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and their recognised dependantsdependents. This entitlement is in lieu of removal and relocation expenses in clause D.4.102.4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

Voluntary Retrenchment. D.4.1B.4.1. Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment. D.4.2B.4.2. The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer. D.4.3B.4.3. Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years. D.4.4B.4.4. The surplus employee may be retrenched at any time within the period of notice under clause D.4.3B.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. D.4.5B.4.5. A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary including, where applicable, Northern Territory allowance: (a) For an employee with at least one year but less than two years service: four weeks salary; (b) For an employee with at least two years but less than three years service: six weeks salary; (c) For an employee with between three years and three and a half years service: seven weeks salary; and (d) For an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary. D.4.6B.4.6. For the purpose of calculating payment under clause D.4.5B.4.5: (a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in the employee’s higher designation at the date of notification; and (b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall be counted as part of “weeks salary”. D.4.7B.4.7. The inclusion of allowances or loadings as salary, other than those specified in clause D.4.6 B.4.6 will be at the discretion of the employer. D.4.8B.4.8. The entitlement under: (a) clause D.4.3 B.4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) clause D.4.5 B.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. D.4.9B.4.9. All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. D.4.10B.4.10. Subject to clause D.4.11B.4.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the employer. D.4.11B.4.11. A surplus employee who has a leave airfare entitlement pursuant to the By-laws, is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and their recognised dependants. This entitlement is in lieu of removal and relocation expenses in clause D.4.10B.4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

Voluntary Retrenchment. D.4.1. A.4.1 Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment. D.4.2. A.4.2 The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer. D.4.3. A.4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years. D.4.4. A.4.4 The surplus employee may be retrenched at any time within the period of notice under clause D.4.3A.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. D.4.5. A.4.5 A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary including, where applicable, Northern Territory allowance: (a) For an employee with at least one year but less than two years service: four weeks salary; (b) For an employee with at least two years but less than three years service: six weeks salary; (c) For an employee with between three years and three and a half years service: seven weeks salary; and (d) For an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary. D.4.6. A.4.6 For the purpose of calculating payment under clause D.4.5A.4.5: (a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in the employee’s higher designation at the date of notification; and (b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall be counted as part of “weeks salary”. D.4.7. A.4.7 The inclusion of allowances or loadings as salary, other than those specified in clause D.4.6 will be at the discretion of the employer.clause D.4.8. A.4.8 The entitlement under: (a) clause D.4.3 A.4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) clause D.4.5 A.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. D.4.9. A.4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. D.4.10. A.4.10 Subject to clause D.4.11A.4.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the employer. D.4.11. A.4.11 A surplus employee who has a leave airfare entitlement pursuant to the By-laws, is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and their recognised dependants. This entitlement is in lieu of removal and relocation expenses in clause D.4.10A.4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.