Where an employee’s employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer’s business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
Where an employee’s employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business, or the part being sold or transferred -
i. has offered the employee employment in the business or the part being sold or transferred; and
ii. has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
i. any service-related conditions; and
ii. any conditions relating to redundancy; and
iii. any conditions relating to superannuation – under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
i. in the same capacity as that in which the employee was employed by the Employer, or
ii. in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee employment on the basis of a, b, and c above, the employee will have full access to the staff surplus provisions.
Where an employee’s employment ends prior to the completion of six (6) months of continuous service, he or she is entitled to vacation pay at the rate of four per cent (4%) of the earnings of the employee during the period of his or her employment.
Where an employee’s employment. (a) terminates either by resignation or termination by WARC for any reason other than serious misconduct, and
(b) the employee has at least 7 years and less than 10 years of continuous service with WARC, the employee will be paid a pro rata amount of long service leave.
Where an employee’s employment is being terminated by Spectrum Care by reason of the sale or transfer of the whole or part of the employees business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred - has offered the employee employment in the business or the part being sold or transferred has agreed to treat service with Spectrum Care as if it were service with that person and as if it were continuous: and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including : any service related conditions any conditions relating to redundancy any conditions relating to superannuation - under the employment being terminated
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: in the same capacity as that in which the employee was employed by- Spectrum Care in any capacity that the employee is willing to accept
Where an employee’s employment is being terminated by the Employer by reason of the sale or transfer of the whole or part of the Employer’s business, nothing in this agreement shall require the Employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred –
(i) has offered the employee employment in the business or the part being sold or transferred; and
(ii) has agreed to treat service with the Employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee’s conditions of employment, including:
(i) any service related conditions; and
(ii) any conditions relating to redundancy; and
Where an employee’s employment is terminated at the initiative of Huon, the Employee shall have his or her final payment paid in the first available pay period after termination
Where an employee’s employment is terminated by operation of this clause three months’ notice or payment in lieu thereof shall apply.
Where an employee’s employment is terminated on the grounds of redundancy, the Employee shall be entitled to the notice under clause 33.
Where an employee’s employment is terminated by reason of redundancy, they will be entitled to redundancy pay in accordance with, and subject to the requirements of the NES.
