Where the Director. Human Resources and the National Union agree that a number of employees are surplus. Where no such agreement can be reached, the Company retains its right to invoke the provisions of Article 11, and / or the provisions under the Workforce Adjustment Program Memorandum of Agreement;
Where the Director. HR determines that there is a case for the employee to answer, a report containing the Director’s findings will be sent to both the employee and the Relevant Senior Officer. The employee, on receipt of the report, has 10 working days to provide a written response.
Where the Director. Human Resources is not satisfied that the conduct alleged is sufficient to meet the test for serious misconduct the Director – Human Resources will refer the conduct back to the supervisor for action consistent with the Misconduct provisions.
Where the Director. HR directs an employee to undertake a medical examination it will be at no cost to the employee.
Where the Director. General has reasonable cause to believe that any licence contract or any amendment or renewal thereof –
(a) which involves the payment of royalties abroad ; or
(b) which by reason of other circumstances relating to such licence contract, is detrimental to the economic development of Sri Lanka he shall in writing communicate such fact to the Governor of the Central Bank and transmit all papers in his custody relevant to a decision on such matter, to the Governor of the Central Bank.
Where the Director. General and an employee wish to establish a continuing employment relationship following the completion of the trial period, the employee shall be engaged on a new contract of employment entered into based on the outcome of assessment under clause D.3.
Where the Director and employee agree to a reduction in the number of working weeks under this Clause, the employee will receive additional leave as follows:
48.5.1. The employee will receive a salary equal to the time worked (either 48,
Where the Director. General is satisfied that there is insufficient productive work available for the employee during the remainder of their retention period and there are no reasonable redeployment prospects within the APS, the Director-General may terminate the employee’s employment under Section 29 of the Public Service Act on the grounds that the employee is excess to requirements. Upon termination the employee will be paid a lump sum comprising:
a. The balance of the retention period (as shortened by the NES under Subclause I6.2) and this payment will be taken to include the payment in lieu of notice of termination of employment; and
b. An additional redundancy payment equal to the amount the retention period was shortened by under Clause I6.2 above (i.e. the NES component).
Where the Director. (a) Has formed a suspicion about an employee that would justify action under Clause 48 (whether action under Clauses 46.1 or 46.3 is yet to be taken or has already been taken); and
(b) Is of the opinion that the suspected breach of discipline is of such a serious nature that the employee should not continue in the performance of the employee's duties.
Where the Director. General refuses a request, the written response must include the following matters:
a. details of the reasons for the refusal; and
b. set out the ASA’s particular business grounds for refusing the request, explain how those grounds apply to the request; and
c. either:
i. set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances outlined in the request and that the agency would be willing to make; or
ii. state there are no such changes; and
d. state that a decision to refuse the request, or failure to provide a written response within 21 days is subject to the dispute settlement procedures of the Agreement, and if the employee is an eligible employee under the FW Act, the dispute resolution procedures outlined in sections 65B and 65C of the FW Act.
