Reconfirmation Clause Samples

Reconfirmation. Where reconfirmation takes place the following provisions shall apply: (i) Where a position is to be transferred into a new structure and where there is only one employee who is a clear candidate for that position and the criteria below are met, then that employee is to be confirmed in the position. (ii) The criteria for reconfirmation will be as follows: o The new job description is the same (or nearly the same) as what the employee currently does; o The salary for the new position is the same; o The new position has terms and conditions of employment including career prospects which are no less favourable; and o The location of the new position is in the same urban area. (iii) Job descriptions (current and proposed) shall be available to those employees who are to be reconfirmed. (iv) An employee may propose that they be reconfirmed where that employee believes their current job is sufficiently similar to the new job. The employer will have the final right to decide whether or not reconfirmation is appropriate on the basis of the similarity of the jobs. (v) In situations where there is more than one clear affected candidate, the employer will consult with the affected staff, and the position may be advertised amongst the affected staff, with appointment made as per normal University appointment procedures. (vi) Any proposed reconfirmations will be advised to each affected employee. For those employees who meet the criteria and do not wish to be reconfirmed the only option available will be resignation. No severance payment will be made in these circumstances.

Reconfirmation. (a) The employer shall reconfirm (as defined in clause 10.3.8(a)(i) above) employees to suitable positions at the merged school. (b) An employee may be reconfirmed to her/his preferred position or, subject to her/his agreement, to a position for which she/he is appropriately qualified and experienced. (c) Where there are two or more employees eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based on merit. (d) Where a permanent employee is reconfirmed, this must be into a position of at least the same hours. Provided that where an employee accepts redeployment to a position with reduced hours in a situation where a position with at least the same hours is not available, that employee will be entitled to a partial redundancy payment. (e) Partial redundancy will be calculated on the basis of applying the redundancy pay formula described in clause 10.2.12 (Surplus Staffing) of this agreement to the total number of reduced hours as set out under clause 2.4.2 (Hours of Work) of this Agreement. This total shall be paid as an allowance over the number of weeks of entitlement. Should the employee’s hours increase over this period the allowance will be reduced or removed accordingly.

Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.19, this Agreement must be reconfirmed by a resolution passed by a majority of greater than 50% of the votes cast by holders of Voting Shares who vote in respect of this matter at the third annual meeting following the meeting at which this Agreement is confirmed pursuant to Section 5.19. If the Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meeting, the Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Section 5.1 hereof), prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.20.

Reconfirmation. 10.1 The employer shall reconfirm (as defined in clause 9.1(a) of this appendix) employees to suitable positions at the reorganised school. 10.2 An employee may be reconfirmed to her/his preferred position or, subject to her/his agreement, to a position for which s/he is appropriately qualified and experienced. 10.3 Where there are two or more employees eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based on merit. 10.4 Where a permanent employee is reconfirmed, this must be into a position of at least the same hours. Provided that where an employee accepts redeployment to a position with reduced hours in a situation where a position with at least the same hours is not available, that employee will be entitled to a partial redundancy payment. 10.5 Partial redundancy will be calculated on the basis of applying the redundancy pay formula described in clause 6.9 (Redundancy) of this Agreement to the total number of reduced ordinary hours per week as set out under clause 6.1 of the collective agreement. This total shall be paid as an allowance over the number of weeks of entitlement to a maximum of 30 weeks. Should the employee’s hours increase over this period the allowance will be reduced or removed accordingly.

Reconfirmation. 4.7.1 The employer shall reconfirm (as defined in clause 4.5.1 above) employees to suitable positions at the merged school. Reconfirmation may be to a teacher’s preferred position or to a position for which they are appropriately qualified and experienced. 4.7.2 Where there are two or more teachers eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based upon merit. 4.7.3 Teachers who are not reconfirmed in a position in which they have expressed interest at the merged school may be reconfirmed in any vacant teaching position at the merged school for which they are suitable, or could become suitable with access to re-training.

Reconfirmation. This Agreement must be reconfirmed by a resolution passed by a majority of the votes cast by all holders of Voting Shares who vote in respect of such reconfirmation at the annual meeting of the Company held in 2024 and at every third annual meeting of the Company thereafter at which this Agreement has been reconfirmed pursuant to this Section 5.16. If this Agreement is not so reconfirmed or is not presented for reconfirmation at any such annual meeting, this Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of any such annual meeting; provided, however, that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection 5.1(a) or (h) hereof), prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.16.

Reconfirmation. 11.1 The employer shall reconfirm (as defined in clause 10.1(a) above) employees to suitable positions at the reorganised school. Reconfirmation may be to an employee’s preferred position or to a position for which they are appropriately qualified and experienced. 11.2 Where there are two or more employees eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based upon merit. 11.3 Employees who are not reconfirmed in a position in which they have expressed interest at the reorganised school may, by mutual agreement, be reconfirmed in any vacant position for which they could become suitable with reasonable access to retraining.

Reconfirmation. The employer shall reconfirm (as defined in clause 10.1(a) above) employees to suitable positions at the reorganised school. Reconfirmation may be to an employee’s preferred position or to a position for which they are appropriately qualified and experienced.

Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.17, this Agreement must be reconfirmed by a resolution passed by a majority of the votes cast by the Independent Shareholders in each case present in person or voting by proxy at a meeting of those shareholders of the Corporation who vote in respect of such reconfirmation at every third annual meeting following the meeting at which this Agreement is confirmed pursuant to Section 5.17. If the Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meeting, the Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection 5.2), prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.18.