Where the Employer requires the employee to take a physical examination, the doctor’s fee shall be paid by the Employer, and the examination shall be on Company time. Where subsequent examination proves an employee unfit to work in a food store, examinations shall be paid by the employee.
Where the Employer is unable to fill shifts with full-time nurses, regular part-time nurses will be scheduled, up to four (4) shifts bi-weekly. Where additional shifts are available they will be offered to regular part-time nurses, based on their availability and seniority, before any casual part-time nurses are utilized. Shifts that are available for casual part-time nurses will be offered on the basis of seniority. Nothing in this paragraph shall constitute a guarantee of work, shifts or hours.
Where the Employer and Employee agree to a reduction in the number of working weeks, the Employee will receive a salary equal to the period worked, but spread over a 52 week period. Accrual of sick leave and long service leave will be unaffected by these arrangements.
Where the Employer makes the request under subclause 22.1, at the time of making the request the Employer will also notify the Employee in writing of their obligations under this subclause.
Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than seventy-eight (78) weeks after the birth.
Where the Employer and Employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under clause
Where the Employer is aware that the position that is being filled by a casual employee will be in excess of sixty (60) days, the position shall be posted and filled pursuant to Article 11.
Where the Employer becomes bound by the terms and conditions of this Agreement, no employee of that Employer receiving a higher rate of pay shall suffer a reduction of pay by reason of the execution of this Agreement.
Where the Employer follows the 'practical efforts' noted at Clause 34.8 above, they shall not be in breach of this provision.
Where the Employer is London Underground Limited the Employer may issue the mini-competition Request Form to Tube Lines Limited who may be included in the Mini-Competition.
