Specialists in Public Hospitals
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How can fractional allocation be altered?
The alteration of fractional allocation is based on processes detailed in the collective agreements in place at the hospital. It is important to refer to these agreements initially. Generally the collective agreements will reflect the condition contained in the Heads of Agreement which is detailed below.
Fractional allocations can be altered at any time by agreement. However if agreement is not reached other options are available for hospitals.
The work hours of fractional specialists can be changed either at the end of a contract period or, where allowed by the contract, with appropriate notice during the contract period (generally three months).
Variations of fractions by hospitals cannot be harsh, unjust or unreasonable. This means that if a hospital wants to change a fraction it must have a reason and it must follow a process that involves consultation with you.
Reference: July 1999 Heads of Agreement, Clause 3
Where a change proposed during a contract period is of such magnitude that it alters the fundamental nature of the contract and you do not agree to the change, then the entire contract of employment may be terminated as a retrenchment and you will be entitled to the normal hospital practice in relation to retrenchment, notice periods and payments.
A reduction in working hours to less than 50 per cent of the hours agreed at the commencement of the contract period will be considered a change to the fundamental nature of the contract.
Reference: November 2002 Heads of Agreement Clause 5.28