Operating Irregularity Clause Samples
The Operating Irregularity clause defines how deviations from normal or agreed-upon operational procedures are addressed within a contract or agreement. Typically, this clause outlines the steps parties must take if an irregularity occurs, such as notifying the other party, investigating the cause, and implementing corrective measures. For example, if a service provider fails to meet a scheduled delivery due to unforeseen circumstances, this clause would govern the response and any required remediation. Its core function is to ensure that both parties have a clear process for managing unexpected disruptions, thereby minimizing confusion and potential disputes.
Operating Irregularity. (a) Where an operating irregularity occurs that could be the subject of an investigation, and where the circumstances that gave rise to the operating irregularity are not as a result of wilful misconduct or gross negligence on the part of an air traffic controller, and where as a result of that operating irregularity the employee’s air traffic control license is suspended, excluding suspension of the Medical Certificate, by a regulatory agency, then the employee shall suffer no loss of his or her normal pay for up to 30 calendar days, during such period of licence suspension. It is acknowledged that the controller will be assigned other related duties during such period of suspension.
(b) No OSI report or information gathered in an OSI process shall be used for disciplinary purposes.
(c) If an irregular occurrence has taken place, managers shall immediately arrange for the removal, from operational duties, of any controller directly involved in the occurrence until the circumstances have been fully examined.
(d) Removal from operational duties is mandatory and is always applicable except where it is immediately clear and obvious to both the controller and the manager that the incident was caused solely by external influences and that the full responsibility rests elsewhere. This action shall be taken without prejudice and shall not be considered as punitive or disciplinary.
Operating Irregularity. Where an operating irregularity occurs that could be the subject of an investigation, and where the circumstances that gave rise to the operating irregularity are not as a result of wilful misconduct or gross negligence on the part of an air traffic controller, and where as a result of that operating irregularity the employee’s air traffic control license is suspended, excluding suspension of the Medical Certificate, by a regulatory agency, then the employee shall suffer no loss of his or her normal pay for up to 30 calendar days, during such period of licence suspension. It is acknowledged that the controller will be assigned other related duties during such period of suspension.