AP837192 - Woolworths Distribution Centre Award 2004

Woolworths Distribution Centre Award 2004

AP837192 - Woolworths Distribution Centre Award 2004

31. GENERAL PROVISIONS (TERMINATION, CHANGE AND REDUNDANCY)

31.1 Continuity of service

For the purpose of clauses 29 - Notice of termination and 30 - Redundancy of this award service means continuous service, but an employee’s service shall be deemed for the purpose of calculating the length of continuous service to have been continuous notwithstanding:

31.1.1 Absence of the employee from work in accordance with the contract of employment;

31.1.2 Absence of the employee from work for any cause by leave of the employer;

31.1.3 Absence of the employee from work on account of illness, disease or injury;

31.1.4 Interruption or termination of the employee’s service by any act or omission of the employer with the intention of avoiding any obligation imposed by this award or by the relevant long service leave Act;

31.1.5 Interruption or termination of the employee’s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the employer in consequence of the settlement of the dispute or was re-employed by the employer upon such settlement; and

31.1.6 Interruption or termination of the employee’s service by the employer for any reasons other than those referred to in 31.1.4 and 31.1.5 of this paragraph if the employee returns to the service of, or is re-employed by the employer within two months of the date on which the service was interrupted or terminated.

31.2 Service with two or more corporations

Where an employee has been employed by two or more corporations that are associated corporations, or by two or more corporations that are related to each other within the meaning of s.5(1) of the Companies (South Australia) Code, the service of the employee with each such corporation shall be included in the calculation of the employee’s continuous service for the purposes of determining the employee’s entitlements pursuant to clauses 29 - Notice of termination and 30 - Redundancy of this award.