Common use of Voluntary Retrenchment Clause in Contracts

Voluntary Retrenchment. 4.1. Where a surplus employee is unable to be placed in other suitable employment, the Employer may offer the employee a voluntary retrenchment. 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. 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. 4.4. The surplus employee may be retrenched at any time within the period of notice under clause 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. 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 and three and a half (3.5) years’ service: seven weeks’ salary; and (d) For an employee with greater than three and a half (3.5) 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. 4.6. For the purpose of calculating payment under clause 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 he or she is a surplus employee, the salary level is the employee’s salary in his or her higher designation at the date of notification; and (b) where an employee has been paid a loading for shift work for 50 per cent or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will be counted as part of “weeks’ salary”. 4.7. The inclusion of allowances or loadings as salary, other than those specified in clause 4.6, will be at the discretion of the Employer. 4.8. The entitlement under: (a) Clause 4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) Clause 4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. 4.9. All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. 4.10. Subject to clause 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. 4.11. A surplus employee is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her recognised dependents. This entitlement is in lieu of removal and relocation expenses in clause 4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the Employer.

Voluntary Retrenchment. 4.1. 4.4.1 Where a surplus employee is unable to be placed in other suitable employment, the Employer employer may offer the employee a voluntary retrenchment. 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. 4.3. 4.4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks’ weeks notice from the date that the offer is accepted, or five weeks’ weeks notice if the employee is over the age of 45 years. 4.4. 4.4.4 The surplus employee may be retrenched at any time within the period of notice under clause 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. 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’ weeks salary including, where applicable, Northern Territory allowance: (a) For for an employee with at least one year but less than two years’ years service: four weeks’ weeks salary; (b) For for an employee with at least two years but less than three years’ years service: six weeks’ weeks salary; (c) For for an employee with between three years and three and a half (3.5) years’ years service: seven weeks’ weeks salary; and (d) For for an employee with greater than three and a half (3.5) years’ years service: two weeks’ 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’ weeks salary. 4.6. 4.4.6 For the purpose of calculating payment under clause 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 he or she is they are a surplus employee, the salary level is the employee’s salary in his or her their higher designation at the date of notification; and (b) where an employee has been paid a loading for shift work for 50 per cent 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will shall be counted as part of “weeks’ ‘weeks salary”’. 4.7. 4.4.7 The inclusion of allowances or loadings as salary, other than those specified in clause 4.64.4.6, will be at the discretion of the Employeremployer. 4.8. 4.4.8 The entitlement under: (a) Clause 4.3 clause 4.4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) Clause 4.5 clause 4.4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. 4.9. 4.4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. 4.10. 4.4.10 Subject to clause 4.114.4.11, 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 Employeremployer. 4.11. 4.4.11 A surplus employee who has a leave airfare entitlement under PSEM By-law 33 or 47 is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her their recognised dependents. This entitlement is in lieu of removal and relocation expenses in clause 4.104.4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the Employeremployer.

Voluntary Retrenchment. 4.1. 4.1 Where a surplus employee is unable to be placed in other suitable employment, the Employer employer may offer the employee a voluntary retrenchment. 4.2. 4.2 The surplus employee will have up to seven (7) days from the date of a written offer of voluntary retrenchment to consider and accept the offer. 4.3. 4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four (4) weeks’ notice from the date that the offer is accepted, or five (5) weeks’ notice if the employee is over the age of 45 years. 4.4. 4.4 The surplus employee may be retrenched at any time within the period of notice under clause 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. 4.5. 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 for an employee with at least one (1) year but less than two (2) years’ service: four (4) weeks’ salary; (b) For for an employee with at least two (2) years but less than three (3) years’ service: six (6) weeks’ salary; (c) For for an employee with between three (3) and three and a half (3.5) years’ service: seven (7) weeks’ salary; and (d) For an employee with greater than three and a half (3.5) years’ service: two (2) 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. 4.6. 4.6 For the purpose of calculating payment under clause 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 he or she is a surplus employee, the salary level is the employee’s salary in his or her higher designation at the date of notification; and (b) where an employee has been paid a loading for shift work for 50 per cent 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will shall be counted as part of “weeks’ salary”. 4.7. 4.7 The inclusion of allowances or loadings as salary, other than those specified in clause 4.6, will be at the discretion of the Employeremployer. 4.8. 4.8 The entitlement under: (a) Clause 4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) Clause 4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. 4.9. 4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. 4.10. 4.10 Subject to clause 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 Employeremployer. 4.11. 4.11 A surplus employee is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her recognised dependents. This entitlement is in lieu of removal and relocation expenses in clause 4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the Employeremployer.

Voluntary Retrenchment. 4.1. ‌ 4.1 Where a surplus employee is unable to be placed in other suitable employment, the Employer employer may offer the employee a voluntary retrenchment. 4.2. 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. 4.3. 4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks’ weeks notice from the date that the offer is accepted, or five weeks’ weeks notice if the employee is over the age of 45 years.years.‌ 4.4. 4.4 The surplus employee may be retrenched at any time within the period of notice under clause 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. 4.5. 4.5 A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks’ weeks salary including, where applicable, Northern Territory allowance:allowance:‌ (a) For an employee with at least one year but less than two years’ years service: four weeks’ weeks salary; (b) For an employee with at least two years but less than three years’ years service: six weeks’ weeks salary; (c) For an employee with between three years and three and a half (3.5) years’ years service: seven weeks’ weeks salary; and (d) For an employee with greater than three and a half (3.5) years’ years service: two weeks’ 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’ weeks salary. 4.6. 4.6 For the purpose of calculating payment under clause 4.5:4.5:‌ (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 he or she the employee is a surplus employee, the salary level is the employee’s salary in his or her the employee’s higher designation at the date of notification; and (b) where an employee has been paid a loading (ie shiftwork payment) for shift work shiftwork for 50 per cent 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will shall be counted as part of “weeks’ weeks salary”. 4.7. 4.7 The inclusion of allowances or loadings as salary, other than those specified in clause 4.6, 4.6 will be at the discretion of the Employeremployer. 4.8. 4.8 The entitlement under: (a) Clause clause 4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) Clause clause 4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. 4.9. 4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. 4.10. 4.10 Subject to clause 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.employer.‌ 4.11. 4.11 A surplus employee who has a leave airfare entitlement under clause 103.1, is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her their recognised dependentsdependants. This entitlement is in lieu of removal and relocation expenses in clause 4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the Employeremployer.‌ 5 Notice of Redundancy‌ (a) been offered a voluntary retrenchment and has declined that offer; or (b) has requested a voluntary retrenchment and the employer has refused the request.

Voluntary Retrenchment. 4.1. 4.1 Where a surplus employee is unable to be placed in other suitable employment, the Employer may offer the employee a voluntary retrenchment. 4.2. 4.2 The surplus employee will have up to seven (7) days from the date of a written offer of voluntary retrenchment to consider and accept the offer. 4.3. 4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four (4) weeks’ notice from the date that the offer is accepted, or five (5) weeks’ notice if the employee is over the age of 45 years. 4.4. 4.4 The surplus employee may be retrenched at any time within the period of notice under clause 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. 4.5. 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 (1) year but less than two (2) years’ service: four (4) weeks’ salary; (b) For an employee with at least two (2) years but less than three (3) years’ service: six (6) weeks’ salary; (c) For an employee with between three (3) and three and a half (3.5) years’ service: seven (7) weeks’ salary; and (d) For an employee with greater than three and a half (3.5) years’ service: two (2) 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. 4.6. 4.6 For the purpose of calculating payment under clause 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 he or she is a surplus employee, the salary level is the employee’s salary in his or her higher designation at the date of notification; and (b) where an employee has been paid a loading for shift work for 50 per cent 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will shall be counted as part of “weeks’ salary”. 4.7. 4.7 The inclusion of allowances or loadings as salary, other than those specified in clause 4.6, will be at the discretion of the Employer. 4.8. 4.8 The entitlement under: (a) Clause 4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) Clause 4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. 4.9. 4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. 4.10. 4.10 Subject to clause 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. 4.11. 4.11 A surplus employee is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her recognised dependents. This entitlement is in lieu of removal and relocation expenses in clause 4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the Employer.

Voluntary Retrenchment. 4.1. 4.1 Where a surplus employee is unable to be placed in other suitable employment, the Employer employer may offer the employee a voluntary retrenchment. 4.2. 4.2 The surplus employee will have up to seven (7) days from the date of a written offer of voluntary retrenchment to consider and accept the offer. 4.3. 4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four (4) weeks’ notice from the date that the offer is accepted, or five (5) weeks’ notice if the employee is over the age of 45 years. 4.4. 4.4 The surplus employee may be retrenched at any time within the period of notice under clause 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. 4.5. 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 for an employee with at least one (1) year but less than two (2) years’ service: four (4) weeks’ salary; (b) For for an employee with at least two (2) years but less than three (3) years’ service: six (6) weeks’ salary; (c) For for an employee with between three (3) and three and a half (3.5) years’ service: seven (7) weeks’ salary; and (d) For for an employee with greater than three and a half (3.5) years’ service: two (2) 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. 4.6. 4.6 For the purpose of calculating payment under clause 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 he or she is a surplus employee, the salary level is the employee’s salary in his or her higher designation at the date of notification; and (b) where an employee has been paid a loading for shift work for 50 per cent 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will shall be counted as part of “weeks’ salary”. 4.7. 4.7 The inclusion of allowances or loadings as salary, other than those specified in clause 4.6, will be at the discretion of the Employeremployer. 4.8. 4.8 The entitlement under: (a) Clause 4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) Clause 4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. 4.9. 4.9 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements must be paid out. 4.10. 4.10 Subject to clause 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 Employeremployer. 4.11. 4.11 A surplus employee is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her recognised dependents. This entitlement is in lieu of removal and relocation expenses in clause 4.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the Employeremployer.

Voluntary Retrenchment. 4.1. 4.1 Where a surplus an employee is unable to be placed in other suitable employment, the Employer may offer the employee a voluntary retrenchment. 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. 4.3. Where the surplus employee accepts a voluntary retrenchmentemployment or retrained, the employee is entitled may be invited to a volunteer retrenchment in accordance with this clause, subject to the Redeployment Procedures. 4.2 Where the Commissioner approves an election for retrenchment under this clause, the period of notice is four weeks’ weeks subject to sub-cl 4.3. The period of notice from the date that the offer is accepted, or five weeks’ notice if the for an employee is over the age of 45 yearsyears is five weeks. 4.4. 4.3 The surplus employee may be retrenched at any time within the period of notice under clause 4.3, at sub-cl 4.2 where: (a) the direction of the CEO Commissioner so directs or the request of the employee, in which case employee so requests; and (b) the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period. 4.5. A surplus 4.4 An employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks’ two weeks salary including, where applicable, Northern Territory allowance: (a) For an employee with at least one for each completed year but less than two years’ of continuous service: four weeks’ salary;; and (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 and three and a half (3.5) years’ service: seven weeks’ salary; and (d) For an employee with greater than three and a half (3.5) years’ service: two weeks’ salary for each year of service plus a pro rata payment for the months of continuous service completed since the last year of continuous service, provided that the minimum payable under this subclause is four weeks salary and the maximum payable is 48 weeks’ weeks salary. 4.6. 4.5 For the purpose of calculating payment under clause 4.5sub-cl 4.4: (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 he or she is a surplus employee, the salary level is the employee’s salary in his or her their higher designation at the date of notification; and; (b) where an employee has been paid a loading for shift work for 50 per cent 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will shall be counted as part of “weeks’ weeks salary”.; 4.7. The (c) the inclusion of other allowances or loadings as salary, other than those specified which are in clause 4.6, will the nature of salary shall be at the discretion of the EmployerCommissioner. 4.8. The entitlement under: (a) Clause 4.3 constitutes notice for the purposes of section 117 of the FW Act; and (b) Clause 4.5 includes the employee’s entitlement to redundancy pay for the purposes of section 119 of the FW Act. 4.9. 4.6 All accrued recreation leave, long service leave and leave loading entitlements, including pro rata entitlements entitlements, must be paid outin full. 4.10. Subject to clause 4.11, a surplus 4.7 An employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must should be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the EmployerCommissioner. 4.11. A surplus 4.8 An employee is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her recognised dependentsdependants. This entitlement is in lieu of removal and relocation expenses in clause 4.10, and this sub-cl 4.7. 4.9 The airfare entitlement referred to in sub-cl 4.8 must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the EmployerCommissioner.