Common use of Recognised Service Clause in Contracts

Recognised Service. (a) Subject to this subclause the service of a Biomedical Engineer of an Institution or Statutory Body shall include service for which long service leave, or payment in lieu, has not been received in one or more Institutions including Statutory Bodies directly associated with such Institution or Institutions, for the periods required by clause 61.1 of this Agreement. (b) Subject to this subclause service shall also include all periods during which a Biomedical Engineer was serving in Her Majesty’s Forces or was made available by the Employer for National Duty. (c) When calculating the aggregate of service entitling to leave any period of employment with any one of the said Institutions or Statutory Bodies of less than six months shall be disregarded. (d) Where the business is transmitted from one Employer (the transmitter) to another Employer (the transmittee) a Biomedical Engineer who worked with the transmitter and who continues in the services of the transmittee shall be entitled to count his/her service with the transmitter as service with the transmittee for the purposes of this clause. (e) Subject to clause 61.2(f) for the purposes of this clause service shall be deemed to be continuous notwithstanding: (i) the taking of any annual leave or long service leave; (ii) any absence from work of not more than fourteen days in any year on account of injury or illness or if applicable such longer period as provided in clause 54 – Personal Leave; (iii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; (iv) any absence on account of injury arising out of or in the course of the employment of the Biomedical Engineer for a period during which payment is made under clause 32 – Accident Pay; (v) any leave or absence of the Biomedical Engineer where the absence is authorised in advance in writing by the Employer to be counted as service; (vi) any interruption arising directly or indirectly from an industrial dispute; (vii) any period of absence from employment between the engagement with one of the said Institutions or Statutory Bodies and another provided it is less than the Biomedical Engineer’s allowable period of absence from employment. A Biomedical Engineers allowable period of absence from employment shall be five weeks in addition to the total period of paid annual leave and/or personal leave which the Biomedical Engineer actually receives on termination or for which he/she is paid in lieu; (viii) the dismissal of a Biomedical Engineer if the Biomedical Engineer is re- employed within a period not exceeding two months from the date of such dismissal; (ix) any absence from work of a Biomedical Engineer for a period not exceeding twenty four months in respect of an entitlement under clause 60 – Parental Leave; (x) any other absence of a Biomedical Engineer by leave of the Employer, or on account of injury arising out of or in the course of his/her employment not covered by clause 61.2(e)(iv) of this Agreement. (f) In calculating the period of continuous service of any Biomedical Engineer; any interruption or absence of a kind mentioned in clause 61.2(e)(i) to clause 61.2(e)(v) of the last preceding subclause shall be counted as part of the period of his/her service, but any interruption or absence of a kind mentioned in clause 61.2(e)(vi) to clause 61.2(e)(x) of the said subclause shall not be counted as part of the period of service unless it is authorised in writing by the Employer. (g) The onus of providing a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Biomedical Engineer concerned. A certificate in the following form shall constitute acceptable proof: ………………………………………………. [years/months/etc.] has been employed by this institution/society/board, for a period of: ………………………………………………. [Name of Employee] This is to certify that: ………………………………………………. [date] ………………………………………………. [Name of Institution] from ………………………………………………. [date] to [date]. Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination. ………………………………………………. ………………………………………………. Specify hereunder full details of long service leave granted during service or on termination: ………………………………………………. ………………………………………………. Signed.................................... [Stamp of Institution] (h) Every Employer shall keep or cause to be kept a long service leave record for each Biomedical Engineer containing particulars of service, leave taken and payment made.

Recognised Service. (a) Subject to this subclause the service of a Biomedical Engineer of an Institution or Statutory Body shall include service for which long service leave, or payment in lieu, has not been received in one or more Institutions including Statutory Bodies directly associated with such Institution or Institutions, for the periods required by clause 61.1 63.1 of this Agreement. (b) Subject to this subclause service shall also include all periods during which a Biomedical Engineer was serving in Her Majesty’s Forces or was made available by the Employer for National Duty. (c) When calculating the aggregate of service entitling to leave any period of employment with any one of the said Institutions or Statutory Bodies of less than six months shall be disregarded. (d) Where the business is transmitted from one Employer (the transmitter) to another Employer (the transmittee) a Biomedical Engineer who worked with the transmitter and who continues in the services of the transmittee shall be entitled to count his/her service with the transmitter as service with the transmittee for the purposes of this clause.transmitter (e) Subject to clause 61.2(f63.2(f) for the purposes of this clause service shall be deemed to be continuous notwithstanding: (i) the taking of any annual leave or long service leave;leave;‌ (ii) any absence from work of not more than fourteen days in any year on account of injury or illness or if applicable such longer period as provided in clause 54 55 – Personal Leave; (iii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; (iv) any absence on account of injury arising out of or in the course of the employment of the Biomedical Engineer for a period during which payment is made under clause 32 33 – Accident Pay;Pay;‌ (v) any leave or absence of the Biomedical Engineer where the absence is authorised in advance in writing by the Employer to be counted as service;service;‌ (vi) any interruption arising directly or indirectly from an industrial dispute;dispute;‌ (vii) any period of absence from employment between the engagement with one of the said Institutions or Statutory Bodies and another provided it is less than the Biomedical Engineer’s allowable period of absence from employment. A Biomedical Engineers allowable period of absence from employment shall be five weeks in addition to the total period of paid annual leave and/or personal leave which the Biomedical Engineer actually receives on termination or for which he/she is paid in lieu; (viii) the dismissal of a Biomedical Engineer if the Biomedical Engineer is re- employed within a period not exceeding two months from the date of such dismissal; (ix) any absence from work of a Biomedical Engineer for a period not exceeding twenty four months in respect of an entitlement under clause 60 61 – Parental Leave;Leave;‌ (x) any other absence of a Biomedical Engineer by leave of the Employer, or on account of injury arising out of or in the course of his/her employment not covered by clause 61.2(e)(iv63.2(e)(iv) of this Agreement.Agreement.‌ (f) In calculating the period of continuous service of any Biomedical Engineer; any interruption or absence of a kind mentioned in clause 61.2(e)(i63.2(e)(i) to clause 61.2(e)(v63.2(e)(v) of the last preceding subclause shall be counted as part of the period of his/her service, but any interruption or absence of a kind mentioned in clause 61.2(e)(vi63.2(e)(vi) to clause 61.2(e)(x63.2(e)(x) of the said subclause shall not be counted as part of the period of service unless it is authorised in writing by the Employer.Employer.‌ (g) The onus of providing a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Biomedical Engineer concerned. A certificate in the following form shall constitute acceptable proof: ………………………………………………. [years/months/etc.] has been employed by this institution/society/board, for a period of: ………………………………………………. [Name of Employee] This is to certify that: ………………………………………………. [date] ………………………………………………. [Name of Institution] from ………………………………………………. [date] to [date]. Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination. ………………………………………………. ………………………………………………. Specify hereunder full details of long service leave granted during service or on termination: ………………………………………………. ………………………………………………. Signed.................................... [Stamp of Institution]: (h) Every Employer shall keep or cause to be kept a long service leave record for each Biomedical Engineer containing particulars of service, leave taken and payment made.for