Common use of Leave Allowed Before Due Date Clause in Contracts

Leave Allowed Before Due Date. (a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 3 contracts

Sources: Partnership Agreement, Collective Agreement, Enterprise Agreement

Leave Allowed Before Due Date. (a) An employer The Company may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer Company before completing the required 12 months continuous service and the amount paid by the employer Company to the employee for the annual leave or part so taken in advance exceeds the amount which the employer Company is required to pay to the employee under subclause 7.1.11 15.10 the employer Company will not be liable to make any payment to the employee under subclause 7.1.11 15.10 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 2 contracts

Sources: Plant Maintenance Agreement, Plant Maintenance Agreement

Leave Allowed Before Due Date. (a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.will

Appears in 1 contract

Sources: Collective Agreement

Leave Allowed Before Due Date. (a) An employer 18.8.1 The company may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) 18.8.2 Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer company before completing the required 12 months continuous service and the amount paid by the employer company to the employee for the annual leave or part so taken in advance exceeds the amount which the employer company is required to pay to the employee under subclause 7.1.11 on termination the employer company will not be liable to make any payment to the employee under subclause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Collective Agreement

Leave Allowed Before Due Date. (a) An employer The Company may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer Company before completing the required 12 months continuous service and the amount paid by the employer Company to the employee for the annual leave or part so taken in advance exceeds the amount which the employer Company is required to pay to the employee under subclause 7.1.11 8.10 the employer Company will not be liable to make any payment to the employee under subclause 7.1.11 subclause9.10 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Maintenance Agreement

Leave Allowed Before Due Date. (a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 20.1.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 20.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Enterprise Agreement

Leave Allowed Before Due Date. (a) 37.10.1 An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) 37.10.2 Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 clause 37.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 clause 37.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Enterprise Agreement

Leave Allowed Before Due Date. (a) 25.10.1 An employer Operator may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months period in respect of which the annual leave or part of it had been taken before it accrued. (b) 25.10.2 Where annual leave or part of it has been granted before the annual leave is due, and the employee subsequently leaves or is discharged from the service of the employer Operator before completing the required 12 months continuous service that annual leave is accrued and the amount paid by the employer Operator to the employee for the annual leave or part so taken in advance exceeds the amount which the employer Operator is required to pay to the employee under subclause 7.1.11 25.10 the employer Operator will not be liable to make any payment to the employee under subclause 7.1.11 25.10 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Workplace Agreement

Leave Allowed Before Due Date. (a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 for proportionate leave on termination the employer will not be liable to make any payment to the employee under subclause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Workplace Agreement

Leave Allowed Before Due Date. (a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause sub clause 7.1.11 the employer will not be liable to make any payment to the employee under subclause sub clause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Workplace Union Collective Agreement

Leave Allowed Before Due Date. (ai) An employer The Company may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (bii) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 clause 35(i) and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Enterprise Agreement

Leave Allowed Before Due Date. (a) An employer The Company may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer Company before completing the required 12 months continuous service and the amount paid by the employer Company to the employee for the annual leave or part so taken in advance exceeds the amount which the employer Company is required to pay to the employee under subclause 7.1.11 14.10 the employer Company will not be liable to make any payment to the employee under subclause 7.1.11 14.10 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Production Agreement

Leave Allowed Before Due Date. (a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes dueis credited. In such case, a the employee agrees that after any further period of annual leave that accrues to the employee after taking leave will not commence to accrue until after be offset against the expiration amount of leave granted in advance by the 12 months in respect of which the annual leave or part of it had been taken before it accruedCompany. (b) Where annual leave or part of it has been granted before the leave is duecredited, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.subclause

Appears in 1 contract

Sources: Enterprise Agreement

Leave Allowed Before Due Date. (a) An employer The Company may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer Company before completing the required 12 months continuous service and the amount paid by the employer Company to the employee for the annual leave or part so taken in advance exceeds the amount which the employer Company is required to pay to the employee under subclause 7.1.11 5.1.11 the employer Company will not be liable to make any payment to the employee under subclause 7.1.11 5.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

Appears in 1 contract

Sources: Production Agreement