Common use of Penal Clause in Contracts

Penal. Where the Employee is regularly required to work and continues to regularly work on a Saturday or Sunday and would have previously been paid under Clause 6(5)(a) and (b) of the Area Health Boards’ Medical Radiation Technologists’ in the Whole of New Zealand Award, which expired on 28 June 1992, but is now paid under Clause 8 of the MIT MECA, the difference between the old payment rate (previous contract) at penal T2 and the new payment rate (new Agreement) at ordinary time plus weekend duty allowance under the new Agreement shall be paid (grand parented) until the difference reduces and disappears over a period of time. In accordance with Clause 25.8 of the MIT MECA, the provisions of Clause 27.4 of the Allied Health Professionals’ Collective Employment Contract, which expired on 30 June 1994, shall apply in lieu of Clause 25.5 of the MIT MECA. As an alternative to the lump sum payment in Clause 25.3.iii of the MIT MECA, the employee may choose to receive an ongoing equalisation allowance for two years equivalent to the difference between the previous base salary and the new base salary, which allowance is abated by any salary increase.

Penal. Where the Employee is regularly required to work and continues to regularly work on a Saturday or Sunday and would have previously been paid under Clause 6(5)(a) and (b) of the Area Health Boards’ Medical Radiation Imaging Technologists’ in the Whole of New Zealand Award, which expired on 28 June 1992, but is now paid under Clause 8 of the MIT MECA, the difference between the old payment rate (previous contract) at penal T2 and the new payment rate (new Agreement) at ordinary time plus weekend duty allowance under the new Agreement shall be paid (grand parented) until the difference reduces and disappears over a period of time. In accordance with Clause 25.8 of the MIT MECA, the provisions of Clause 27.4 of the Allied Health Professionals’ Collective Employment Contract, which expired on 30 June 1994, shall apply in lieu of Clause 25.5 of the MIT MECA. As an alternative to the lump sum payment in Clause 25.3.iii of the MIT MECA, the employee may choose to receive an ongoing equalisation allowance for two years equivalent to the difference between the previous base salary and the new base salary, which allowance is abated by any salary increase.