How We Work Together - IEA 2017 - Leaving Us
Applies to: All Noel Leeming Team Members
Notice
Your notice period is specified in your appointment letter. You or the Company may terminate your employment by giving the notice period of termination of employment in writing.
On receiving or giving notice of termination, the Company may, at its sole discretion, elect to pay salary/wages in lieu of notice for all or any part of the notice period. If you do not give the required notice, the Company reserves the right to deduct an amount equivalent to payment for the notice period from your final pay. This may include deduction of any monies that have accrued due to any period of leave. If the final pay is not sufficient to cover the payment then you agree to immediately pay the difference to the Company. If you give notice which is longer than your required notice, the Company shall not be obliged to accept such longer notice period, neither shall the Company be liable to pay more than the requited notice salary if the Company does not require you to work out the notice period.
Both parties may mutually agree to a variation of the notice period. Any variation will be confirmed in writing by the Company. Nothing in this clause shall prevent your summary dismissal without notice for serious misconduct.
In exceptional circumstances you may be placed on ‘garden leave’ for the duration of the notice period, such as if you resign to work for a competitor.
Unless otherwise agreed between you and your manager, the notice period may not be reduced by offsetting accrued annual leave entitlements.
On termination of employment a Certificate of Service will be provided on request.
Should you be absent from work for a continuous period of three days without the approval of the Company, or without good cause, the Company may conclude that you have terminated your employment.
Non-Solicitation (Restraint of Trade)
After the termination of your employment, for any reason, you must not on your own account or personally, or as a team member, consultant or agent for any other entity or employer:
- For a period of three (3) months, solicit, induce, or approach any current client or customer of the Company to provide services to them of the same nature as those which you provided to them while you were employed by the Company.
- For a period of three (3) months, engage, solicit, induce or endeavour to entice any team member of the Company with whom you had any dealings whilst employed by the Company, to terminate their employment with the Company.
You agree that the your remuneration represents reasonable and sufficient consideration for the restraints and covenants contained within this clause.
Employee Protection Provision
Where a proposal to restructure the business is being considered, as restructuring is defined in Part 6A of the Employment Relations Act 2000, and your role is affected, the Company will:
- As soon as is reasonably practicable, taking into account the commercial requirements of the business, commence discussions with the new employer concerning the impact of the restructuring on your position.
- Discuss with the new employer whether or not it proposes to offer employment to you, and if so the terms and conditions it proposes to offer, and the proposed date for commencement of employment with the new employer.
If your role is affected and you are offered a position with the new employer on substantially similar terms and conditions of employment, you will not be entitled to any redundancy compensation. If you decline such an offer, you will be considered to have resigned from your employment.
If you are not offered a position with the new employer, or you decline an offer on the basis that the terms and conditions of employment are not substantially similar to your
existing terms and conditions, you will be entitled to redundancy compensation as specified in clause 30.
Redundancy
At any time the Company may implement redundancies for genuine business reasons. Redundancy means a situation where your position becomes superfluous to the needs of
the Company.
If redundancies are required, the Company reserves the right to select you and or team members for redundancy on the basis that it retains those who by reason of skills and attributes are, in the Company’s opinion, the best suited/qualified for the roles available.
If your role is redundant and you are offered a substantially similar position within the Company, you will not be entitled to any redundancy compensation.
If you decline such an offer, you will be considered to have resigned from your employment.
If your employment is terminated because your position is redundant you will be given written notice in accordance with clause 27, or pay in lieu of such notice. In addition to your notice, you will be paid redundancy compensation on the basis of three weeks’ pay for the first complete year of service and one week’s pay for each complete year of service thereafter to a maximum payment of 12 weeks pay. In this context one week of pay means your base weekly pay exclusive of any bonus or commission payments.
If you are employed on a casual, temporary or fixed term basis, you have no entitlement to redundancy compensation.
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