Where the Employer requires the employee to take a physical examination, the doctor’s fee shall be paid by the Employer, and the examination shall be on Company time. Where subsequent examination proves an employee unfit to work in a food store, examinations shall be paid by the employee.
Where the Employer is unable to fill shifts with full-time nurses, regular part-time nurses will be scheduled, up to four (4) shifts bi-weekly. Where additional shifts are available they will be offered to regular part-time nurses, based on their availability and seniority, before any casual part-time nurses are utilized. Shifts that are available for casual part-time nurses will be offered on the basis of seniority. Nothing in this paragraph shall constitute a guarantee of work, shifts or hours.
Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than seventy-eight (78) weeks after the birth.
Where the Employer is awarded a contract for the performance of security guard services at a site where, immediately prior to such award, individuals were performing substantial similar security guard services ("the incumbent employees") and the incumbent employees are unionized with the Union, the employees working at that site including any employees on leave of absence will be deemed hired and consequently, the Employer shall become the successor Employer, unless one of the following situations occurs:
Where the Employer and Employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under clause 27.4 hereof.
Where the Employer follows the 'practical efforts' noted at Clause 34.8 above, they shall not be in breach of this provision.
Where the Employer transfers a full-time employee pursuant to this article, such transfer shall not result in the demotion of the employee to a lower paid classification or a reduction in the employee’s normal hours. Where a part-time employee is so transferred, the transfer shall not result in the demotion of the employee to a lower paid classification.