Conditions applying in common to all trades and services staff

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

Section 5 - Leave of Absence and Holidays

39. Accident Compensation Leave and Make-up Pay

39.1 Entitlement to Leave

39.1.1 A staff member who suffers injury causing total incapacity for work and who receives compensation in respect of such total incapacity pursuant to the Workers Compensation Act 1958 and the Accident Compensation Act 1985 , or either of them shall be granted leave by the University at a rate of pay equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury excluding any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred and the amount of weekly compensation received by the staff member.

39.1.2 A staff member who suffers injury causing partial incapacity for work and who receives compensation in respect of such partial incapacity pursuant to the Workers Compensation Act 1958 and the Accident Compensation Act 1985 , or either of them shall be paid make-up pay by the University equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury excluding any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred and the sum of the amount of weekly compensation received by the staff member and the weekly amount the staff member is earning in the Employment in which the staff member is employed by reason of such partial incapacity.

39.1.3 A staff member who is partly incapacitated and who cannot obtain suitable Employment with the University but who has obtained suitable Employment with another employer shall continue to be paid make-up pay by the University at the rate prescribed in clause 39.1.2 above provided that the staff member furnishes to the University evidence to the satisfaction of the University of the rate of weekly compensation and the rate of actual earnings the staff member is receiving from the other employer, provided that the provisions of this sub-clause shall cease to operate upon the expiry of the staff member's existing Fixed-term contract (where applicable).

39.2 Period of Leave and Make-Up Pay

39.2.1 Leave granted pursuant to clause 39.1.1 shall not exceed a continuous period of 52 weeks or an aggregate period of 52 weeks in respect of any one injury.

39.2.2 The period for which make-up pay shall be payable pursuant to 39.1.2 or 39.1.3 shall not exceed a continuous period of 52 weeks or an aggregate period of 52 weeks in respect of any one injury.

39.2.3 Where a staff member attempts a graduated return to work, that fraction of the week that the staff member is performing duties will not be counted in the aggregate period of incapacitation leave provided for in 39.1.1.

39.3 Repayment of Make-Up Pay if Damages Received

39.3.1 A staff member receiving or who has received make-up pay shall advise the University in writing of any civil claim for damages instituted by the staff member in connection with the injury to which such make-up pay relates and shall if required by the University authorise the University to obtain from the solicitors of the staff member such information as is reasonably required by the University as to the progress of such claim.

39.3.2 Where a staff member who has received make-up pay recovers damages against the University pursuant either to a judgement or settlement in respect of the injury for which the staff member has received make-up pay the staff member shall repay to the University such make-up pay as the staff member has received from the University provided that the damages so recovered include damages for loss of income for which such make-up pay has been paid.

39.3.3 Where a staff member who has received make-up pay recovers damages against a person other than the University pursuant either to a judgement or settlement in respect of the injury for which the staff member has received make-up pay the staff member shall repay to the University such make-up pay as the staff member has received from the University provided that the damages so recovered include damages for loss of income for which such make-up pay has been paid.

39.3.4 Where a staff member who has received make-up pay recovers damages against either the University or a person other than the University pursuant to a judgement in respect of an injury for which the staff member has received make-up pay and where pursuant to such judgement the amount of damages recovered has been reduced for the contributory negligence of the staff member, the staff member shall repay to the University such amount of make-up pay as the staff member has received from the University as is pro rata to the damages recovered having regard to such contributory negligence.

39.4 Use of Sick Leave for Incapacitated Staff Members

39.4.1 A staff member who is an applicant for leave pursuant to clause 39.1 above may upon application be granted sick leave to cover such absence but not exceeding paid sick leave standing to the credit of the staff member provided however that no staff member shall be concurrently entitled to sick leave and leave pursuant to clause 39.1

39.4.2 Sick leave granted pursuant to clause 39.4.1 above shall be at a weekly rate not exceeding the sum of the following:

• the weekly value of the workers' compensation payment to which the staff member may become entitled;
• the weekly payment for which the staff member will be eligible if granted leave pursuant to clause 39.1 above.

39.4.3 If a staff member is granted sick leave as provided in clause 39.4.1 and is subsequently granted leave for the same period or part thereof pursuant to clause 39.1 on account of the same injury there shall be restored to the credit of the staff member sick leave equal to the value of the sick leave taken pursuant to this clause 39.4.1.

39.5 Employment Upon Return to Duty

39.5.1 A staff member having been totally incapacitated shall be entitled upon returning to full duty at the University to occupy a position equivalent to that occupied by the staff member immediately prior to the granting of leave pursuant to clause 39.1.

39.5.2 A staff member having been partly incapacitated shall be entitled upon returning to full duty at the University to occupy a position equivalent to that occupied by the staff member immediately prior to the occurrence of the injury which led to the partial incapacity.

39.6 Termination of Service

The University shall not terminate the Employment of a staff member who has been granted leave pursuant to this clause prior to the expiry of such leave or in the case of an employee receiving make-up pay for partial incapacity prior to the expiry of the period for which such payment is payable pursuant to clause 39.1.1 except where such Termination is due to serious and wilful misconduct on the part of the staff member. This clause does not preclude the commencement of Redeployment or voluntary separation proceedings.