INCAPABILITY Sample Clauses

INCAPABILITY. If the Executive is Incapable, in accordance with applicable law, the Company may terminate the Executive’s employment. If the Executive’s employment terminates in accordance with this Section 14, the Executive shall be entitled to receive any Accrued Obligations. For the purposes of this Agreement, the term “Incapable” shall mean the Executive is unable by reason of sickness, injury or other medical disorder or condition to carry out his duties under this Agreement for an aggregate period of 13 weeks in any 26-week period.

INCAPABILITY. 2.7.1 The following are examples of incapability: Poor performance Incompetence Unsuitability Lack of application These examples are not exhaustive or exclusive and instances of a similar nature will be dealt with under this procedure. 2.7.2 The following procedure will apply in cases of incapability: FIRST WARNING: this will be given by the Board of Directors and will be confirmed to you in writing. This warning will specify the improvement required and will state that your work will be reviewed at the end of a period of one month after the date of the warning FINAL WARNING: this will be given by the Board of Directors and confirmed to you in writing. This warning will state that unless your work improves within a period of one month after the date of the warning your employment will be terminated.

INCAPABILITY. 13.1 Where an employee is not capable of returning to his job due to ill health even if reasonable adjustments are made, and no suitable alternative employment can be found, notice of termination may be issued following a period of consultation. Such termination will usually be on the grounds of capability and will be carried out according to the dismissal and disciplinary procedure. In such circumstances pay may be given in lieu of notice. 13.2 Where absences are of a short term or multiple nature and the employee’s attendance record is unacceptable, the employee will be interviewed and may be issued with a formal warning that if his attendance record does not improve then dismissal may result. If, after such warning, the employee’s attendance record does not improve, the employee’s employment may be terminated on the grounds of capability or conduct or some other substantial reason depending on the circumstances of the case and will be carried out in accordance with the dismissal and disciplinary procedure. In such circumstances pay may be given in lieu of notice. 13.3 If during the currency of any notice of termination given to the employee pursuant to paragraphs 13.1 or 13.2 above, the employee provides medical evidence satisfactory to us to the effect that he has fully recovered his physical and/or mental health and that no recurrence of illness or incapacity can reasonably be anticipated we may withdraw the notice unless, by that date, a replacement for the employee has been appointed.

INCAPABILITY the Note Issuer (acting on the instructions of the Note Trustee) is of the opinion that such Note Agent has become incapable of acting;

INCAPABILITY. PROCEDURE --------- The following steps will be taken, as appropriate, in all cases where it is considered that disciplinary action is necessary. The Board may, in any individual case, elect to delegate some or all of the procedures listed below to a committee of the Board. Investigation No action will be taken before a proper investigation has been undertaken by the Board relating to the circumstances of the matter complained of. If appropriate, the Board may, by written notice, suspend the Executive for a specified period during which time the investigation will be undertaken. In the case of suspension the Executive's contract of employment will be deemed to continue together with the rights specified thereunder including the payment of salary and other benefits in kind, but during the period of suspension the Executive will not be entitled to enter upon the Company's premises except at the prior request or with the prior consent of the Board. Any decision to suspend the Executive will be notified by the Board and confirmed in writing.