Common use of Permanent Incapacity Clause in Contracts

Permanent Incapacity. (a) In the event of an employee suffering from a permanent incapacity, or an employee’s temporary incapacity becoming a permanent incapacity, ▇▇▇▇▇▇ will in consultation with the employee make every effort to identify an alternative suitable position within Aurora. Such an assessment will include a consideration of: (i) whether an alternative position exists and can be offered to the employee; (ii) whether the employee’s position can be re-designed; or (iii) whether the employee’s ordinary hours of work can be reduced. (b) In undertaking an assessment in accordance with clause 45.5(a), ▇▇▇▇▇▇ will assess each employee’s circumstances on a case-by-case basis, taking into account ▇▇▇▇▇▇‘s business needs and the needs of the employee. Such factors will include: (i) the availability of suitable alternative position(s); (ii) medical advice; (iii) the skills, experience and competency of the employee; and (iv) opportunities for re-training. (c) If an employee accepts an offer of alternative employment from Aurora in accordance with clause 45.5(a), the salary and conditions of employment will be those salary and conditions of the alternative position. (d) If an alternative position is not identified and/or offered in accordance with clause 45.5(a), the employee’s contract of employment ceases. (e) Where an employee’s contract of employment ceases as the result of a permanent incapacity, ▇▇▇▇▇▇ will provide the employee with support during this period. The support provided by ▇▇▇▇▇▇ will include: (i) a notification period of at least three (3) months from the date the decision is made that the employee’s contract of employment will cease. (ii) transitional assistance up to the value of two-thousand dollars ($2,000) for an employee with less than twenty-five (25) years of service or up to the value of four-thousand dollars ($4,000) for an employee with twenty-five

Permanent Incapacity. (a) 46.5.1. In the event of an employee suffering from a permanent incapacity, or an employee’s temporary incapacity becoming a permanent incapacity, ▇▇▇▇▇▇ will in consultation with the employee make every effort to identify an alternative suitable position within Aurora. Such an assessment will include a consideration of: (ia) whether an alternative position exists and can be offered to the employee; (iib) whether the employee’s position can be re-designed; or (iiic) whether the employee’s ordinary hours of work can be reduced. (b) 46.5.2. In undertaking an assessment in accordance with clause 45.5(a)46.5.1, ▇▇▇▇▇▇ will assess each employee’s circumstances on a case-by-case basis, taking into account ▇▇▇▇▇▇‘s ’s business needs and the needs of the employee. Such factors will include: (ia) the availability of suitable alternative position(s); (iib) medical advice; (iiic) the skills, experience and competency of the employee; and (ivd) opportunities for re-training. (c) 46.5.3. If an employee accepts an offer of alternative employment from Aurora in accordance with clause 45.5(a)46.5.1, the salary and conditions of employment will be those salary and conditions of the alternative position. (d) 46.5.4. If an alternative position is not identified and/or offered in accordance with clause 45.5(a)46.5.1, the employee’s contract of employment ceases. (e) 46.5.5. Where an employee’s contract of employment ceases as the result of a permanent incapacity, ▇▇▇▇▇▇ will provide the employee with support during this period. The support provided by ▇▇▇▇▇▇ will include: (ia) a notification period of at least three (3) months from the date the decision is made that the employee’s contract of employment will cease. (iib) transitional assistance up to the value of two-thousand dollars ($2,000) for an employee with less than twenty-five (25) years of service or up to the value of four-thousand dollars ($4,000) for an employee with twenty-fivefive (25) years service or more. This assistance will be arranged by ▇▇▇▇▇▇ in consultation with the employee and may include services such as specific counselling, and re-training assistance. 46.5.6. An employee may be represented the union or a person of their choice in any discussions concerning the status of their incapacity, and the opportunities for on-going employment.