Common use of Redeployment and Retrenchment Clause in Contracts

Redeployment and Retrenchment. (a) Where the University declares a position redundant following the process set out above, the employee holding that position will be advised in writing by the Director Human Resources that he/she must elect to seek redeployment within a period of 2 weeks or be retrenched. Where the employee elects to seek redeployment he/she will undertake a redeployment process for a period of 10 weeks from the date of election. Where the University and the employee cannot identify an agreed suitable alternative position within the 10 week redeployment period, the employee will be retrenched. (b) At any time during the 10 week redeployment period, the employee may elect to terminate the redeployment process and be retrenched. (c) Redeployment placement will be on the basis of a trial period. If the redeployment trial is unsuccessful, the employee will be retrenched in accordance with subclause 24.5(f). (d) Where an employee does not elect redeployment in accordance with clause 24.5(a) above, he or she will be given written notice of not less than 10 weeks of the date of retrenchment, or at the election of the employee, 10 weeks payment in lieu of notice, provided that the University may place the employee on paid leave (not being annual leave or long service leave) during the notice period. (e) An employee who elects to work part or all of the 10 week notice period (including through a redeployment process) will only receive on retrenchment payment for the balance of the 10 weeks not worked. (f) An employee who is retrenched will be entitled to: (i) a severance payment based on 3 weeks salary for every completed year of service to a maximum of 52 weeks; (ii) payment for accrued annual leave in accordance with clause 32.0; (iii) payment on a pro-rata basis for leave loading; and (iv) payment for any long service leave in accordance with clause 37.0. (g) Where the University declares a position redundant but obtains acceptable alternative employment for the employee, it may apply to the AIRC to have the severance payment or retrenchment benefit varied or waived.

Redeployment and Retrenchment. (a) Where the University declares An Employee who has been issued a position redundant following the process set out above, the employee holding that position will be advised in writing by the Director Human Resources that he/she notice under subclause 30.6 must elect to seek redeployment within a period of 2 two weeks or they will be retrenched. . (b) Where the employee Employee elects to seek redeployment he/she redeployment, the Employee will undertake a an initial redeployment process for a period of 10 weeks from the date of election(Primary Redeployment Period). Where the University UNSW and the employee Employee cannot identify an agreed suitable alternative position within the 10 week redeployment periodPrimary Redeployment Period, the employee Employee’s employment will be retrenchedterminate due to redundancy unless the Employee elects to undertake a Secondary Redeployment Period (as referred to in subclause 30.7(d)(i)), if applicable. (bc) At any time during the 10 week redeployment periodPrimary Redeployment Period, the employee Employee may elect to terminate the redeployment process and be retrenched. In such cases, the Employee’s termination payments will include, as payment in lieu of notice of termination, an amount equivalent to the Employee’s Full Annual Salary that would have been paid had they worked the balance of the 10 week Redeployment Period. (cd) Where UNSW and the Employee cannot identify an agreed suitable alternative position within the Primary Redeployment Period: (i) an Employee with more than four years’ Continuous Service may elect to continue with the redeployment process for up to an additional eight weeks (Secondary Redeployment Period) consistent with subclause 30.7(e); or (ii) if an Employee does not make an election consistent with subclause 30.7(d)(i) by the end of the Primary Redeployment Period, the Employee will be retrenched. The Employee will not be entitled to any further notice in respect of the retrenchment. (e) An Employee who elects a Secondary Redeployment Period must nominate, at the time of their election, the specific term (in weeks) of the Secondary Redeployment Period, up to a maximum of eight weeks. (f) At any time during the Secondary Redeployment Period, the Employee may elect to terminate the redeployment process and be retrenched. The Employee’s severance payment in subclause 30.7(m) will be reduced by half the number of weeks (or part thereof) the Employee has been in the Secondary Redeployment Period. (g) Where UNSW and the Employee cannot identify an agreed suitable alternative position within the Secondary Redeployment Period, the Employee will be retrenched. The Employee will not be entitled to any further notice in respect of the retrenchment. (h) Where an Employee is serving a Secondary Redeployment Period and the Employee is retrenched at the end of that period, the Employee’s severance payment as set out under subclause 30.7(m) will be reduced by the period equal to half the number of weeks of the Secondary Redeployment Period. For example, if an employee elects an additional eight weeks redeployment, their severance payment in clause 30.7(m) will be reduced by four weeks in consideration of UNSW providing the Employee with an additional redeployment period). (i) If, during the Primary or Secondary Redeployment Period, UNSW and the Employee identify an agreed suitable alternative position, UNSW will place the Employee in that position. A redeployment placement will be made on the basis of a trial period. If Where the redeployment trial is unsuccessfulnot successful, the employee Employee will be advised by UNSW in writing of the reason the trial was not successful and the Employee will be retrenched in accordance with subclause 24.5(f)30.7(m) below. (dj) Where During the Primary or Secondary Redeployment Period, an employee Employee: (i) will have access to reasonable time off work without loss of pay to attend job interviews or other job search activities; (ii) will be provided, at the beginning of the Redeployment Period, with a list of current vacant positions at UNSW for which the Employee may be suitable and that have been advertised; (iii) where agreed by UNSW at the commencement of the Redeployment Period, a program of retraining that would be completed within the relevant redeployment period and that would enable the Employee to develop work related skills that would support redeployment within UNSW; and (iv) may request written reasons for any decision not to appoint them to an identified role that they have applied for as a redeployment option. (k) An Employee who elects retrenchment, or does not elect redeployment in accordance with clause 24.5(a) abovemake an election under subclause 30.7(a), he or she will be given at least 10 weeks’ written notice of not less than 10 weeks by UNSW of the date of retrenchment, or at the election of the employee, 10 weeks . The Employee may elect to receive a payment in lieu of notice, provided that the University may place the employee on paid leave (not being annual leave notice or long service leave) during the to work all or part of their notice period. (el) If an Employee elects to work all or part of their notice period, UNSW may direct the Employee not to undertake any work during the worked notice period. An employee Employee who elects to work all or part or all of the 10 week notice period (including through a redeployment process) will only receive on retrenchment payment for the balance of the 10 weeks period not workedworked on retrenchment. (fm) An employee Employee who is retrenched will be entitled toto the following payments: (i) a severance payment based on 3 weeks If the Employee has two or more years of Continuous Service as at the termination date: Severance pay of three weeks’ salary for every completed year of service to a maximum of 52 weeks;, less any deduction in consideration of the Secondary Redeployment Period in accordance with subclause 30.4(h).* (ii) payment for accrued annual leave in accordance with clause 32.0;If the Employee has at least one but less than two years of Continuous Service as at the termination date: Severance pay of four weeks’ salary.* (iii) payment If the Employee has accrued but untaken annual leave and long service leave as at the termination date: Payment in lieu of untaken leave payable on termination in accordance with this Agreement. (iv) Leave loading Payment on a pro-rata basis for leave loading; and (iv) payment for any long service leave loading in accordance with clause 37.038.0. * Week’s pay is calculated as follows: Employee’s Annual Base Salary ÷ 52. (g) Where the University declares a position redundant but obtains acceptable alternative employment for the employee, it may apply to the AIRC to have the severance payment or retrenchment benefit varied or waived.