Common use of Calculation of Continuous Service Clause in Contracts

Calculation of Continuous Service. Subject to the provisions of this subclause, continuity of service shall not be deemed to have been broken by: (a) any interruption or determination of the employment by the Company if such interruption or determination has been made with the intention of avoiding obligations under this clause in respect of the allowance of leave; (b) any absence on account of leave granted to or imposed upon the employee; (c) any absence from work, not exceeding fourteen days in a qualifying period of twelve months, on account of sickness or accident; provided that an employee with an accumulation of sick leave entitlement in excess of fourteen days may be absent for the period of not more than 21 days in a twelve monthly period; (d) any absence due to reasonable cause (other than as set out in sub clauses 33.7(a), 33.7(b) or 33.7(c), proof whereof shall be on the employee; (e) in calculating a period of twelve months continuous service: (i) any annual leave taken therein; or (ii) any absences of the kinds mentioned in paragraphs 33.7(a) or 33.7(c) shall be counted as part of such period. (f) In the case of absences of the kinds mentioned in paragraphs 33.7(b) and 33.7(d) the employee shall serve such additional period as part of his/her qualification for annual leave as will equal the period of absences. (g) In the case of an employee being unable to attend for work for any cause mentioned in paragraphs 33.7(c) or 33.7(d) he shall, within 24 hours of the time when he was due to attend for work unless it be impracticable for him to do so and in such a case as soon as it is practicable, notify the Company in writing of the cause of his/her absence and the probable duration thereof. (i) In default of doing so his/her or her absence may be regarded by the Company as having broken the continuity of the employee's service. (ii) Upon the employee notifying the Company as aforesaid of the cause and probable duration of his/her absence, the absence shall be deemed not to have broken the continuity of the employee's service. (iii) Provided nevertheless that if the Company within fourteen days of the receipt of the employee's notification notifies the employee in writing delivered to him personally or sent by prepaid post to his/her last recorded place of residence that he regards the employee's absence as having broken the continuity of his/her service the question may, within fourteen days of receipt of the Company's notification by the employee, be, at the instance of the employee, referred to the Commission, which shall decide the matter. (iv) Failing such notification by the Company as aforesaid, the absence shall be deemed not to have broken the continuity of the service. (v) If, however, such notification is- made as aforesaid by the Company and the employee fails within fourteen days of its receipt to have the matter referred to the Commission, then the absence shall be deemed to have broken the continuity of the employee's service.

Calculation of Continuous Service. Subject to the provisions of this subclause, continuity of service shall not be deemed to have been broken by: (a) any interruption or determination of the employment by the Company if such interruption or determination has been made with the intention of avoiding obligations under this clause in respect of the allowance of leave; (b) any absence on account of leave granted to or imposed upon the employee; (c) any absence from work, not exceeding fourteen days in a qualifying period of twelve months, on account of sickness or accident; provided that an employee with an accumulation of sick leave entitlement in excess of fourteen days may be absent for the period of not more than 21 days in a twelve monthly period; (d) any absence due to reasonable cause (other than as set out in sub clauses 33.7(a29.6(a), 33.7(b29.6(b) or 33.7(c29.6(c), proof whereof shall be on the employee; (e) in calculating a period of twelve months continuous service: (i) any annual leave taken therein; or (ii) any absences of the kinds mentioned in paragraphs 33.7(a29.6(a) or 33.7(c29.6(c) shall be counted as part of such period. (f) In the case of absences of the kinds mentioned in paragraphs 33.7(b29.6(b) and 33.7(d29.6(d) the employee shall serve such additional period as part of his/her qualification for annual leave as will equal the period of absences. (g) In the case of an employee being unable to attend for work for any cause mentioned in paragraphs 33.7(c29.6(c) or 33.7(d29.6(d) he shall, within 24 hours of the time when he was due to attend for work unless it be impracticable for him to do so and in such a case as soon as it is practicable, notify the Company in writing of the cause of his/her absence and the probable duration thereof. (i) In default of doing so his/her or her absence may be regarded by the Company as having broken the continuity of the employee's service. (ii) Upon the employee notifying the Company as aforesaid of the cause and probable duration of his/her absence, the absence shall be deemed not to have broken the continuity of the employee's service. (iii) Provided nevertheless that if the Company within fourteen days of the receipt of the employee's notification notifies the employee in writing delivered to him personally or sent by prepaid post to his/her last recorded place of residence that he regards the employee's absence as having broken the continuity of his/her service the question may, within fourteen days of receipt of the Company's notification by the employee, be, at the instance of the employee, referred to the Commission, which shall decide the matter. (iv) Failing such notification by the Company as aforesaid, the absence shall be deemed not to have broken the continuity of the service. (v) If, however, such notification is- is made as aforesaid by the Company and the employee fails within fourteen days of its receipt to have the matter referred to the Commission, then the absence shall be deemed to have broken the continuity of the employee's service.

Calculation of Continuous Service. Subject to the provisions of this subclause, continuity of service shall not be 21.6.1 Service is deemed to have been broken bybe continuous despite: (a) 21.6.1.1 any interruption or determination of the employment by the Company if such interruption or determination has been ▇▇▇▇▇▇▇ made with the intention of avoiding obligations under this clause award in respect of the allowance of annual leave; (b) any absence on account of leave granted to or imposed upon the employee; (c) 21.6.1.2 any absence from work, work of not exceeding more than fourteen days in a qualifying period of the twelve months, months on account of sickness or accident; provided that an employee with an accumulation , proof of sick leave entitlement in excess of fourteen days may be absent for which is on the period of not more than 21 days in a twelve monthly periodemployee; (d) 21.6.1.3 any absence on account of unpaid leave granted, imposed, agreed to by ▇▇▇▇▇▇▇; or 21.6.1.4 any absence due to reasonable cause (other cause, including absences because of sickness or accident of more than as set out in sub clauses 33.7(a), 33.7(b) or 33.7(c)fourteen days, proof whereof shall be of which is on the employee;. (e) 21.6.2 In cases of personal sickness, accident or absence with reasonable cause, in order to become entitled to the benefit of this clause, the employee will, if practicable, inform ▇▇▇▇▇▇▇ in writing within 24 hours after the commencement of such absence, of the inability to attend for duty and, as far as practicable, the nature of the illness, injury or cause and the estimated duration of absence. 21.6.3 In calculating a period of twelve months continuous service: (i) 21.6.3.1 any annual leave taken therein; or (ii) during that period or any absences of the kinds kind mentioned in paragraphs 33.7(a) or 33.7(c) shall 21.6.1.1 and 21.6.1.2 must be counted as part of such period.; (f) In the case 21.6.3.2 in respect of absences of the kinds kind mentioned in paragraphs 33.7(b) 21.6.1.3 and 33.7(d) 21.6.1.4, the employee shall must serve such additional period as part of his/his or her qualification for annual leave as will equal the period of such absences. (g) In the case of 21.6.4 Where an employee being unable to attend for is absent from work for any cause mentioned in paragraphs 33.7(c) or 33.7(d) he shallcause, within 24 hours of the time when he was due to attend for work unless it be impracticable for him to do so and in such a case as soon as it is practicable, ▇▇▇▇▇▇▇ must notify the Company in writing of the cause of his/her absence and the probable duration thereof. (i) In default of doing so his/her or her absence may be regarded by the Company as having broken the continuity of the employee's service. (ii) Upon the employee notifying the Company as aforesaid of the cause and probable duration of his/her absence, the absence shall be deemed not to have broken the continuity of the employee's service. (iii) Provided nevertheless that if the Company within fourteen days of the receipt of employee’s return to work whether ▇▇▇▇▇▇▇ regards such absence as breaking, either conditionally or unconditionally, the employee's ’s continuity of service. 21.6.5 If ▇▇▇▇▇▇▇ does not give such notice within fourteen days, the employee’s absence will not be regarded as a break in continuity of service. ▇▇▇▇▇▇▇ must give such notification notifies to the employee in writing and have it delivered to him personally or sent by prepaid post to his/her last recorded place of residence that he regards the employee's . 21.6.6 Where an employee has been absent from his or her employment, and ▇▇▇▇▇▇▇ has notified the employee that such absence is regarded as having broken a break in the continuity of his/her service service, the question employee may, within fourteen days of receipt being notified by ▇▇▇▇▇▇▇, invoke the Procedures for Prevention and Settlement of the Company's notification by the employee, be, at the instance of the employee, referred to the Commission, which shall decide the matterEmployment Related Disputes in clause 5. (iv) Failing such notification by the Company as aforesaid, the absence shall be deemed not to have broken the continuity of the service. (v) If, however, such notification is- made as aforesaid by the Company and the employee fails within fourteen days of its receipt to have the matter referred to the Commission, then the absence shall be deemed to have broken the continuity of the employee's service.

Calculation of Continuous Service. Subject to the provisions of this subclause, continuity of service shall not be deemed to have been broken by: (a) any interruption or determination of the employment by the Company if such interruption or determination has been made with the intention of avoiding obligations under this clause in respect of the allowance of leave; (b) any absence on account of leave granted to or imposed upon the employee; (c) any absence from work, not exceeding fourteen days in a qualifying period of twelve months, on account of sickness or accident; provided that an employee with an accumulation of sick leave entitlement in excess of fourteen days may be absent for the period of not more than 21 days in a twelve monthly period; (d) any absence due to reasonable cause (other than as set out in sub clauses 33.7(a33.6(a), 33.7(b33.6(b) or 33.7(c33.6(c), proof whereof shall be on the employee; (e) in calculating a period of twelve months continuous service: (i) any annual leave taken therein; or (ii) any absences of the kinds mentioned in paragraphs 33.7(a33.6(a) or 33.7(c33.6(c) shall be counted as part of such period. (f) In the case of absences of the kinds mentioned in paragraphs 33.7(b33.6(b) and 33.7(d33.6(d) the employee shall serve such additional period as part of his/her qualification for annual leave as will equal the period of absences. (g) In the case of an employee being unable to attend for work for any cause mentioned in paragraphs 33.7(c33.6(c) or 33.7(d33.6(d) he shall, within 24 hours of the time when he was due to attend for work unless it be impracticable for him to do so and in such a case as soon as it is practicable, notify the Company in writing of the cause of his/her absence and the probable duration thereof. (i) In default of doing so his/her or her absence may be regarded by the Company as having broken the continuity of the employee's service. (ii) Upon the employee notifying the Company as aforesaid of the cause and probable duration of his/her absence, the absence shall be deemed not to have broken the continuity of the employee's service. (iii) Provided nevertheless that if the Company within fourteen days of the receipt of the employee's notification notifies the employee in writing delivered to him personally or sent by prepaid post to his/her last recorded place of residence that he regards the employee's absence as having broken the continuity of his/her service the question may, within fourteen days of receipt of the Company's notification by the employee, be, at the instance of the employee, referred to the Commission, which shall decide the matter. (iv) Failing such notification by the Company as aforesaid, the absence shall be deemed not to have broken the continuity of the service. (v) If, however, such notification is- made as aforesaid by the Company and the employee fails within fourteen days of its receipt to have the matter referred to the Commission, then the absence shall be deemed to have broken the continuity of the employee's service.