Common use of Redundancy Arrangements Clause in Contracts

Redundancy Arrangements. (a) The parties accept the definition of 'redundancy' as being where changes in the Company's operations, production programme, organisation structure or technology result in the elimination or diminution of permanent job opportunities within the Company other than where the Company makes an offer or obtains an offer of acceptable alternative employment to an Employee. Acceptable alternative employment means any position within the Company which the Employee has the skills and qualifications to perform. Furthermore the parties agree that terminations effected for disciplinary reasons are not to be treated as redundancies. (b) This Redundancy Arrangements clause will also have no application in circumstances where a transmission of business occurs and the Employee is offered a position with the new employer on terms commensurate with the terms applying to the Employee’s employment with the Company and the new employer recognises the Employee’s service with the Company as service with the new employer. (c) This Redundancy Arrangements clause will also have no application to probationary Employees, Apprentices, trainees, Employees engaged for a specific period of time or for a specific task or tasks or Casual Employees. (d) It is not the intention of the Company to terminate the Employees’ employment on the ground of redundancy during the currency of this Agreement, however should such a situation arise the following shall apply: (i) The Company shall communicate its decision to Employees and their relevant unions as soon as practicable. (ii) Company representatives, shall meet with the Employees directly affected and their chosen representative, who may include a union representatives, to discuss measures which may be implemented to avoid or minimise the terminations and measures to reduce any adverse affects of termination on the Employees concerned. (iii) The Company shall provide in writing to the Employees concerned and their chosen representative, who may include a union representative, as much information as possible concerning the redundancies, excepting circumstances where such information may jeopardise confidentiality and be detrimental to the Company's ongoing business. (iv) Period of notice of termination or payment in lieu of notice of termination will be in accordance with legislative requirements. (v) Severance pay will be four (4) weeks per completed year of service, capped at fifty (50) weeks, plus an additional 1 week notice period for Employees aged over 45. (vi) Where an Employee’s employment is terminated on the ground of redundancy, Employees shall be entitled to an additional payment on termination of up to 128 hours unused sick leave from their sick leave balance as current at the time of redundancy.

Redundancy Arrangements. (ai) The parties accept In circumstances where POAGs has need to reduce the definition size of 'redundancy' as being where changes all or part of its permanent and/or GWE workforce, it shall advise the Union and employees, in accordance with the Company's operations“Introduction of Change” clause of the Agreement. (ii) POAGS shall then make a final declaration of redundancy together with details of the number of surplus people, production programmeskills and affected areas and shall make this available to the Union and employees. (iii) Despite any other provision in this Agreement POAGS shall not be liable to make any termination payments (including any payment in lieu of notice) or redundancy payment, organisation structure or technology result in the elimination or diminution of permanent job opportunities within the Company other than where the Company where: POAGS makes an offer or obtains an offer of acceptable alternative employment to or for an Employee. Acceptable employee, that is on terms and conditions which are no less favourable overall than the employee’s existing terms and conditions with POAGS (which includes such an offer of employment within the same port but may reasonably include another port); or (a) An employees knowingly accepts an offer of alternative employment means any position within made or obtained by POAGS, the Company terms and conditions of which are less favourable overall when compared with the Employee has the skills employee’s existing terms and qualifications to perform. Furthermore the parties agree that terminations effected for disciplinary reasons are not to be treated as redundancies.conditions; or (b) This Redundancy Arrangements clause will also have no application A business is transmitted from POAGS (in circumstances where a transmission of business occurs this subclause called the transmittor) to another employer (in this subclause called the transmittee) and an employee who at the Employee is offered a position with the new employer on terms commensurate with the terms applying to the Employee’s employment with the Company and the new employer recognises the Employee’s service with the Company as service with the new employer. (c) This Redundancy Arrangements clause will also have no application to probationary Employees, Apprentices, trainees, Employees engaged for a specific period of time or for a specific task or tasks or Casual Employees. (d) It is not the intention of the Company to terminate transmission was an employee of the Employees’ employment on the ground of redundancy during the currency of this Agreement, however should such a situation arise the following shall applytransmittor in that business and: (i) The Company shall communicate its decision to Employees and their relevant unions as soon as practicable.accepts employment with the transmittee; or (ii) Company representatives, shall meet rejects an offer of employment with the Employees directly affected transmittee in which the terms and their chosen representative, who may include a union representatives, conditions are no less favourable overall than the terms and conditions applicable to discuss measures which may be implemented to avoid or minimise the terminations and measures to reduce any adverse affects employee at the time of termination on ceasing employment with the Employees concernedtransmittor. (iii) The Company Discussions shall provide in writing be held to determine the Employees concerned and their chosen representative, who may include a union representative, as much information as possible concerning availability of alternative employment at other POAGS sites or ports to reduce or eliminate the need for redundancies, excepting circumstances where such information may jeopardise confidentiality and be detrimental to the Company's ongoing business. (iv) Period Where the employment of notice an employment of termination or payment in lieu of notice of termination will be in accordance with legislative requirements. (v) Severance pay will be four (4) weeks per completed year of service, capped at fifty (50) weeks, plus an additional 1 week notice period for Employees aged over 45. (vi) Where an Employee’s employment employee is terminated on the ground of redundancyredundancy and subclause (iii) does not apply, Employees notice of termination arrangements, including any payments in lieu of notice, shall be entitled to an additional payment on termination of up to 128 hours unused sick leave from their sick leave balance as current at the time of redundancyin accordance with this Agreement.

Redundancy Arrangements. 29.2.1 In circumstances where the Company has need to reduce the size of all or part of its Permanent workforce, it shall advise the Union and Employees, in accordance with the Introduction of Change clause of this Agreement. 29.2.2 The Company shall then make a final declaration of redundancy together with details of the number of surplus people, skills and effected areas and shall make this available to the Union and Employees. 29.2.3 Despite any other provision in this Agreement the Company shall not be liable to make any termination payments (including any payment in lieu of notice) or redundancy payment, where: (a) The parties accept the definition of 'redundancy' as being where changes in the Company's operations, production programme, organisation structure or technology result in the elimination or diminution of permanent job opportunities within the Company other than where the Company makes an offer or obtains an offer of acceptable alternative employment to or for an Employee. Acceptable alternative , that is on terms and conditions which are the same or no less favourable overall than the Employee’s existing terms and conditions with the Company (which includes such an offer of employment means any position within the Company which the Employee has the skills and qualifications to perform. Furthermore the parties agree that terminations effected for disciplinary reasons are not to be treated as redundancies.same port but may reasonably include another port); or (b) This Redundancy Arrangements clause will also have no application in circumstances where a transmission an Employee knowingly accepts an offer of business occurs alternative employment made or obtained by the Company, the terms and the Employee is offered a position conditions of which are less favourable overall when compared with the new employer on Employee's existing terms commensurate with the terms applying to the Employee’s employment with the Company and the new employer recognises the Employee’s service with the Company as service with the new employer.conditions; or (c) This Redundancy Arrangements clause will also have no application a business is transmitted from the Company [in this subclause called the transmittor] to probationary Employees, Apprentices, trainees, Employees engaged for a specific period of another employer [in this subclause called the transmittee] and an Employee who at the time or for a specific task or tasks or Casual Employees. (d) It is not the intention of the Company to terminate transmission was an Employee of the Employees’ employment on the ground of redundancy during the currency of this Agreement, however should such a situation arise the following shall applytransmittor in that business and: (i) The Company shall communicate its decision to Employees and their relevant unions as soon as practicable.accepts employment with the transmittee; or (ii) Company representatives, shall meet rejects an offer of employment with the Employees directly affected transmittee in which the terms and their chosen representative, who may include a union representatives, conditions are no less favourable overall than the terms and conditions applicable to discuss measures which may be implemented to avoid or minimise the terminations and measures to reduce any adverse affects Employee at the time of termination on ceasing employment with the Employees concernedtransmittor. (iii) The Discussions shall be held to determine the availability of alternative employment at other Company shall provide in writing sites or ports to reduce or eliminate the Employees concerned and their chosen representative, who may include a union representative, as much information as possible concerning the need for redundancies, excepting circumstances where such information may jeopardise confidentiality and be detrimental to the Company's ongoing business. (iv) Period Where the employment of notice of termination or payment in lieu of notice of termination will be in accordance with legislative requirements. (v) Severance pay will be four (4) weeks per completed year of service, capped at fifty (50) weeks, plus an additional 1 week notice period for Employees aged over 45. (vi) Where an Employee’s employment Employee is terminated on the ground of redundancyredundancy and subclause (c) does not apply, Employees notice of termination arrangements, including any payments in lieu of notice, shall be entitled to an additional payment on termination of up to 128 hours unused sick leave from their sick leave balance as current at the time of redundancyin accordance with this Agreement.