Notwithstanding 27 Clause Samples
The "Notwithstanding 27" clause serves to establish that the provisions within this clause take precedence over those in Section 27 of the agreement. In practice, this means that if there is any conflict or inconsistency between the terms of this clause and Section 27, the terms of this clause will override and control. For example, if Section 27 sets out general rules but this clause introduces an exception or modification, the exception will apply. This clause is used to ensure that specific terms are not undermined by broader or conflicting provisions elsewhere in the contract, thereby providing clarity and certainty regarding which terms govern in the event of a conflict.
Notwithstanding 27. 1A.1. above, where, on returning to work on the expiration of any period of parental leave, the employee’s former position no longer exists and there are other positions available for which the employee is qualified and capable of performing, the employer must make available to the employee a position comparable to that of the former position.
Notwithstanding 27. 1A.1. above, where, on returning to work on the expiration of any period of parental leave, the employee’s former position no longer exists and there are other positions available for which the employee is qualified and capable of performing, the employer must make available to the employee a position comparable to that of the former position.
27.2 An employee shall be entitled to resume duty subject to twelve weeks written notice being given to the employer of his or her intention to return to work unless a lesser period of notice is accepted by the employer.
27.3 An employee entitled to parental leave may request the employer to allow the employee:
27.3.1 (a) to extend the period of unpaid leave under clauses 28, 29 and 30 by a further period of unpaid leave not exceeding 52 weeks;
27.3.1 (b) to return from a period of parental leave on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities.
27.3.2 The employer shall consider the request under clause 27.3.1 having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and impact on customer service.
Notwithstanding 27. 3.16.1, a Teacher approved for the self-funded leave plan will not be considered for any other type of leave, unless the Teacher withdraws first from the self- funded leave plan.
Notwithstanding 27