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. HR directs an employee to undertake a medical examination it will be at no cost to the employee.
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 or designate at Step 1 is a bargaining unit member, the grievance shall automatically be referred by the director or designate to Step 2.
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. 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 the matter which are essential to the making of a decision on such matter to the Governor of the Central Bank.
Where the Director and employee agree to a reduction in the number of working weeks under this Xxxxxx, the employee will receive additional leave as follows:
48.5.1. The employee will receive a salary equal to the time worked (either 48, 49, 50 or 51 weeks) but the salary will be spread over 52-weeks;
48.5.2. The employee‟s accrual of annual, personal and long service leave will stay the same.
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. Corporate Finance and Commercial (SCC) and the Monitoring Officer (TDC) do not achieve within fourteen (14) days of notification of a Dispute a solution acceptable to all parties involved, and provided no right of termination has been exercised, then senior representatives of both Parties shall meet promptly, and in any event within twenty one (21) days of notification of the Dispute, in good faith to discuss and seek to resolve the Dispute.
