Common use of Termination Due to Incapacity Clause in Contracts

Termination Due to Incapacity. (a) If, in the opinion of the School, an Employee who by reason of physical or mental incapacity is not or would not be able to: • perform adequately the normal duties genuinely and reasonably required of the Employee; • perform the work without endanger to him or herself or other persons; or • respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature, then the School may retire the Employee from his or her employment by giving the appropriate notice in writing. (b) An Employee who fulfils the above provisions must, upon the request of the School, and at the School's expense, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. (c) An Employee is entitled to use all personal/▇▇▇▇▇'s leave credit before retirement under this clause.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Termination Due to Incapacity. (a) If, in the opinion of the SchoolCollege, an Employee who by reason of physical or mental incapacity is not or would not be able to: • perform adequately the normal duties genuinely and reasonably required of the Employee; • perform the work without endanger to him or herself or other persons; or • respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature, then the School College may retire the Employee from his or her employment by giving the appropriate notice in writing. The Employee may choose the gender of the medical practitioner. (b) An Employee who fulfils the above provisions must, upon the request of the SchoolCollege, and at the SchoolCollege's expense, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. (c) An Employee is entitled to use all personal/▇▇▇▇▇'s leave credit before retirement under this clause.

Appears in 1 contract

Sources: Enterprise Agreement

Termination Due to Incapacity. (a) If, in the opinion of the School, an Employee who who, by reason of physical or mental incapacity incapacity, is not or would not be able to: • perform adequately the normal duties genuinely and reasonably required of the Employee; , • perform the work without endanger danger to him or herself or other persons; or , • respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature, then the School may retire the Employee from his or her employment by giving the appropriate notice in writing. (b) An Employee who fulfils the above provisions must, upon the request of the School, and at the School's expense, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. (c) An Employee is entitled to use all personal/Personal/▇▇▇▇▇'s leave Leave credit before retirement under this clause▇▇▇▇▇▇.

Appears in 1 contract

Sources: Enterprise Agreement