Severance Entitlements Clause Samples

Severance Entitlements. 88.1 An employee who is terminated by the Managing Director under section 29 of the Public Service Act on the grounds that he or she is excess to the requirements of DHA is entitled to payment of a redundancy benefit of an amount equal to two weeks’ salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the National Employment Standards of the Fair Work Act. 88.2 Earlier periods of service may count provided there are no breaks between the periods of service, except where a break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer. 88.3 Any period of service which ceased by way of any of the grounds for termination specified of Section 29 of the Public Service Act (including any additional grounds prescribed in the Public Service Regulations); or on a ground equivalent to any of these grounds; or through voluntary retirement at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy or similar payment or an employer-financed retirement benefit; will not count as service for severance pay purposes. 88.4 The minimum severance payment will be four weeks’ salary and the maximum will be 48 weeks' salary. 88.5 The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years of full-time service, subject to any minimum amount the employee is entitled to under the National Employment Standards. 88.6 For the purposes of sub-clause 88.1, the period of continuous service includes Government service as defined in Section 10 of the Long Service Leave (Commonwealth Employees) Act 1976. 88.7 For the purposes of sub-clause 88.1, absences from work which do not count as service for long service leave purposes will not count as continuous service for severance pay purposes. 88.8 For the purposes of sub-clause 88.1, the employee’s salary will be the higher of: (a) the employee’s annual base salary at his or her permanent classification level; or (b) the salary payable at a higher classification level where the employee has been temporarily performing work and has been paid at that higher classification level for...

Severance Entitlements. 27.15.1 The severance entitlement of employees pursuant to this Agreement shall consist of the entitlement to severance as provided for in the existing Public Service Act, Regulation 977 Sections 79 through 87, which are hereby incorporated by reference into this Article. 27.15.2 Unless otherwise provided for in this Agreement, severance is payable to the employee one pay period following the date of layoff or such later date as is mutually agreed upon. 27.15.3 Where the employee advises the Employer of preferences for payments under this Article to ensure tax-effective treatment, the Employer will comply subject to requirements at law. 27.15.4 An employee shall not receive payments both under Article 27.15.1 and under Article 38, arising from the same event.

Severance Entitlements. In addition to the period of notice prescribed for ordinary termination in clause 21.1 of this Agreement and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in clause 20.1 (a) is entitled to the following: (a) 4 weeks pay, plus a further 4 weeks pay for each completed year of service. The maximum severance payment under this sub-clause is 52 weeks. (b) Payout of all unused sick leave entitlements. (c) Payout of pro-rata long service leave entitlements after one year of service. (d) Payout of all pro-rata annual leave plus annual leave loading. (e) A statement of employment. (f) Any other legal entitlements.

Severance Entitlements. Notwithstanding any provision of this Agreement to the contrary, upon termination of Executive’s employment, Executive shall be entitled to the following payments, in each case subject to Executive’s timely execution and non-revocation of a general release of claims in favor of the Company and continued compliance with Sections 2(d)–2(e) and Section 6 of this Agreement:

Severance Entitlements. 27.15.1 The severance entitlement of employees pursuant to this Agreement shall consist of the entitlement to severance as provided for in the existing Public Service of Ontario Act, 2006, Management Board of Cabinet Compensation Directive, August 20, 2007, sections 60 to 68, which are hereby incorporated by reference into this Article. 27.15.2 Unless otherwise provided for in this Agreement, severance is payable to the employee one pay period following the date of layoff or such later date as is mutually agreed upon. 27.15.3 Where the employee advises the Employer of preferences for payments under this Article to ensure tax-effective treatment, the Employer will comply subject to requirements at law. 27.15.4 An employee shall not receive payments both under Article 27.15.1 and under Article 38, arising from the same event.

Severance Entitlements. 95.1 An employee whose employment is terminated by the Chief Executive Officer on the grounds that the employee is an excess employee is entitled to payment of a redundancy benefit of an amount equal to two weeks’ salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, or the minimum redundancy benefit to which the employee is entitled under the National Employment Standards (NES), whichever is greater. 95.2 The minimum redundancy benefit payable under this clause will be an amount equivalent to 4 weeks’ salary and the maximum redundancy benefit payable under this clause will be an amount equivalent to 48 weeks’ salary. 95.3 For the purposes of Clause 95.1: (a) the redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during their period of service and the employee has less than 24 years full-time service; (b) the following categories of service will be taken into account in calculating an employee’s period of continuous service: (i) service with IBA; and (ii) government service as defined in section 10 of the Long Service Leave Act 1976; (iii) service with the Australian Defence Forces; (iv) Commonwealth service immediately preceding deemed resignation under the repealed section 49 of the Public Service Act 1922; or (v) service with another organisation where an employee was transferred from IBA to that organisation with a transfer of function, or an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to IBA, and such service is recognised for long service leave purposes. (c) the period of continuous service of an employee: (i) for a person employed prior to 11 January 2012 ( the Commencement Date of the Indigenous Business Australia Enterprise Agreement 2012 - 2014), is determined by reference to sections 11 and 12 of the Long Service Leave (Commonwealth Employees) Act 1976; and (ii) for a person employed after 11 January 2012, is determined by reference to Part 2.2 Division 11 of the Fair Work Act 2009. Any period of prior service of an employee (which ceased by way of redundancy, retirement on the ground of invalidity, inefficiency or loss of qualifications, forfeiture of office, dismissal, termination of probationary appointment or temporary engagement for reasons of unsatisfactory service, or voluntary retirement at or above...

Severance Entitlements a. Section 3(b) of the Agreement shall be amended to include the following subsection (iv): Notwithstanding any other provision set forth in this Agreement, so long as a good faith effort is made to pay executive severance that is due as if the severance were a board liability, for any termination of Executive without Cause under this provision which results due to a winding up of the business of BioCardia, which is followed by disposition of BioCardia assets, Executive agrees that personal resources that are unrelated to the disposition of BioCardia assets resulting from the winding up of the business of BioCardia of any BioCardia officers or BioCardia directors will not be pursued to cover the severance payments Executive is to receive under this agreement.

Severance Entitlements. 15.1 The severance entitlement of employees pursuant to this Agreement shall consist of the entitlement to severance as provided for in the existing Public Service of Ontario Act, 2006, Management Board of Cabinet Compensation Directive, August 20, 2007, sections 60 to 68, which are hereby incorporated by reference into this Article.

Severance Entitlements. In addition to the period of notice prescribed for ordinary termination in clause 19.1 of this Agreement and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in clause 18. 1 (a) is entitled to the following: