Summary Dismissal Sample Clauses
The Summary Dismissal clause allows a party to request the early termination of a claim or proceeding without a full hearing when the claim is clearly without merit or has no reasonable prospect of success. In practice, this clause enables a tribunal or court to review the initial submissions and supporting evidence to determine if the case should proceed further. By providing a mechanism to filter out baseless or frivolous claims at an early stage, the clause helps save time and resources for all parties involved and ensures that only substantive disputes move forward.
POPULAR SAMPLE Copied 18 times
Summary Dismissal. Nothing in this clause limits the company from terminating the contract of employment immediately for reasons of serious and wilful misconduct on the part of the Employee. Summary dismissal may occur if an employee behaves in a manner deemed as dangerous or grossly negligent or otherwise unacceptable. Some examples that may cause instant dismissal are: • Violence, harassment or abuse in any form whatsoever shown towards fellow Employees, clients or anyone else related to work with the Company, • Damage caused by an Employee to the Company property found to be the result of gross negligence or intentionally caused by the Employee, • Disregard for Company policy, rules or the welfare of fellow workers or customers, • Any activity bringing disrepute to the Company or its other Employees, • Unlawful behaviour that causes detriment to the Company, • Theft, • Wilful disobedience or misconduct, • Refusal or neglect of duty, • Insubordination, • Concealment of material fact on engagement, • Obscenity, • Conviction for an offence that renders the Employee completely unable to work, • Falsifying information in any personal record, including time or wages records, or the lodgement of a false Workers Compensation claim, • Possession, use, or dealing in any prohibited drug or other restricted or dangerous substance during working hours or on company premises, • Disclosure to other persons of information relating to company security arrangements, • Duplication of company keys without permission from a company director or manager, • Acts of incitement or actual acts of discrimination or harassment on the grounds of race, sex, religion, colour or ethnic origin. In such circumstances, payment shall be made up to the time of dismissal only and no notice is payable.
Summary Dismissal. The period of notice set in Clause 3.6.1, hereof will not apply in the case of dismissal for conduct that justifies instant dismissal, including refusal of duty or misconduct and in such cases wages will be paid up to the time of dismissal.
Summary Dismissal. The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.
Summary Dismissal. Notwithstanding the provisions of clause 15.1.1 hereof, the employer shall have the right to dismiss any employee without notice for serious misconduct that justifies summary dismissal and in such cases the wages shall be paid up to the time of dismissal only.
Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have the right to dismiss any employee without notice for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.
Summary Dismissal. The Employer may terminate the Employment at any time forthwith by written notice to the Executive (and without any requirement of prior notice) if the Executive shall:-
Summary Dismissal. Nothing in this clause shall affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty, misconduct or refusing duty and in such cases the wages shall be paid up to the time of dismissal only.
Summary Dismissal. Notwithstanding the provisions of sub-clauses 14.1 and 14.2 the Company has the right to dismiss any Employee without notice for serious misconduct and in such cases any entitlements applying under this Agreement are paid up until the time of dismissal only. In the case of termination for serious misconduct no notice period is payable.
Summary Dismissal. Notwithstanding the provisions of 13.1.1 hereof, the Employer shall have the right to dismiss any Employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases the wades shall be paid up to the time of dismissal only.
Summary Dismissal. Nothing in this clause limits the Company from terminating the contract of employment immediately for reasons of serious and wilful misconduct on the part of the Employee. Summary dismissal may occur if an employee behaves in a manner that constitutes serious misconduct. Examples of serious misconduct include, but not limited to:
(i) Violence, harassment or abuse in any form whatsoever shown towards fellow Employees, clients or anyone else related to work with the Company,
(ii) Damage caused by an Employee to the Company property found to be the result of wilful negligence,
(iii) Disregard for Company policy, rules or the welfare of fellow workers or customers,
(iv) Any activity bringing disrepute to the Company or its other Employees, (v) Theft,