Common use of Qualification for payment Clause in Contracts

Qualification for payment. Accident pay shall only be payable to an employee whilst the employee remains in the employment of the employer by whom he was employed at the time of the incapacity. Provided that if an employee on partial incapacity cannot obtain suitable employment from the Company but alternative employment is available with another employer then any relevant amount of accident pay shall still be payable. Provided further that if an employee who is incapacitated and receiving accident pay is terminated, accident pay shall continue to apply subject to the provisions of this clause except where: o The termination is due to serious and/or wilful misconduct on the part of the employee; o The employee fails to comply or is in breach of the legislative requirements of the respective Act pertaining to the receipt of compensation payments; or o The termination arises from the liquidation of the Company in which case the employee’s entitlement shall be determined by the appropriate State legislation In order to qualify for the continuance of accident pay on termination an employee will be required to provide evidence of the continuing payment of weekly workers’ compensation payments. Accident pay will not apply in respect of any injury during the first five normal working days of incapacity and shall not apply to any incapacity occurring during the first four weeks of employment unless the incapacity continues beyond the first four weeks subject to the above and to the maximum of 39 weeks. An employee upon engagement will be required to declare all workers’ compensation and/or accident claims made pursuant to an applicable State act in the previous five years. In the event of false or inaccurate information being deliberately and knowingly declared the employee will forfeit their entitlement to accident pay under the provisions of this Agreement.

Qualification for payment. Subject to the terms of the clause, an employee covered by this agreement shall upon receiving payment of compensation and continuing to receive such payment in respect of incapacity within the meaning of the relevant Act be paid accident pay by the employer and the said liability by the employer for accident pay may be discharged by another person on the employer's behalf, provided that: 3.8.4.1 Accident pay shall only be payable to an employee whilst the such employee remains in the employment of the employer by whom he the employee was employed at the time of incapacity and then only for such period as the incapacityemployee receives a weekly payment under the relevant Act. Provided that if an employee on partial incapacity cannot obtain suitable employment from the Company employer but such alternative employment is available with another employer then any the relevant amount of accident pay shall still be payable. Provided further that if in the case of the termination by the employer of an employee who is incapacitated and receiving who except for such termination would be entitled to accident pay is terminatedpay, accident pay shall continue to apply subject to the provisions of this clause except where: o The where the termination is due to the serious and/or wilful misconduct on the part of the employee; o The employee fails to comply or is in breach of the legislative requirements of the respective Act pertaining to the receipt of compensation payments; or o The termination arises from the liquidation of the Company in which case the employee’s entitlement shall be determined by the appropriate State legislation . In order to qualify for the continuance of accident pay on termination an employee will be shall if required to provide evidence to the employee's former employer of the continuing payment of weekly workers’ , compensation payments. . 3.8.4.2 Accident pay will shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to paragraph 3.8.4.3 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. Provided that as to industrial diseases contracted by a gradual process for injuries subject to recurrence, aggravation or acceleration (as provided under the relevant Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 3.8.4.3 Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity and shall not apply to any incapacity occurring during the first four weeks of employment unless the incapacity continues beyond the first four weeks subject to the above and to the maximum of 39 weeks. An employee upon engagement will be required to declare all workers’ compensation and/or accident claims made pursuant to an applicable State act in the previous five years. In the event of false or inaccurate information being deliberately and knowingly declared the employee will forfeit their entitlement to accident pay under the provisions of this Agreementincapacity.