Common use of Deemed Termination Clause in Contracts

Deemed Termination. A regular full-time or regular part-time employee shall lose all service and seniority and shall be deemed to have terminated if the employee: (a) leaves of their own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four (24) calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the Employer's ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (e) is absent from scheduled work for a period of five (5) or more consecutive working days without notifying the Employer; (f) fails to return to work [subject to the provisions of 11.06 (e)] upon termination of an authorized leave of absence without satisfactory reason; (g) fails upon being notified of a recall to signify their intention to return within twenty (20) calendar days after they have received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within thirty (30) calendar days after they have received the notice of recall or such further period of time as may be agreed upon by the parties. (h) If a casual employee has not provided availability or refuses to work for a three (3) month period, they will be given written notice to their last known address requesting their continued employment intention. Should the employee fail to respond to this registered letter within thirty (30) days of receiving it, their name will be removed from the casual part-time list. Should the casual part-time employee respond to their appropriate manager, they will declare their availability to work within the following four (4) week schedule. Casual employees who have submitted a request and have been approved for an extended leave shall be exempt from this provision.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Deemed Termination. A regular full-time or regular part-time employee nurse shall lose all service and seniority and shall be deemed to have terminated if the employeenurse: (a) leaves of their her or his own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four (24) calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the EmployerResidence's ability to provide adequate patient resident care, unless a satisfactory reason is given to the EmployerResidence; (e) is absent from scheduled work for a period of five three (53) or more consecutive working days without notifying the EmployerResidence of such absence and providing a satisfactory reason to the Residence; (f) fails to return to work [(subject to the provisions of 11.06 11.07 (e)] ) upon termination of an authorized leave of absence without satisfactory reasonreason or utilizes a leave of absence for purposes other than that for which the leave was granted; (g) fails upon being notified of a recall to signify their her or his intention to return within twenty (20) calendar days after they have she or he has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer Residence and fails to report to work within thirty (30) calendar days after they have she or he has received the notice of recall or such further period of time as may be agreed upon by the parties.; (h) If she is a casual employee and has not provided availability or refuses to work worked for a three period of six (36) month period, they will be given written notice months in a row and the Residence shall have informed her in writing to their last known address requesting their continued employment intention. Should give her the employee fail opportunity to respond submit an availability to this registered letter within thirty (30) days of receiving it, their name will be removed from the employer regarding the casual partemployee status. (i) is absent due to illness or disability for thirty-time listsix (36) months from when he took ill or became disabled. Should the casual part-time employee respond to their appropriate manager, they will declare their availability to work within the following four (4) week schedule. Casual employees who have submitted a request and have been approved for an extended leave This clause shall be exempt from this provisioninterpreted in a manner consistent with the Ontario Human Rights Code.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Deemed Termination. A regular full-time or regular part-time employee shall lose all service and seniority and shall be deemed to have terminated if the employee: (a) leaves of their her or his own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four (24) calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the Employer's ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (e) is absent from scheduled work for a period of five (5) or more consecutive working days without notifying the Employer; (f) fails to return to work [subject to the provisions of 11.06 (e)] upon termination of an authorized leave of absence without satisfactory reason; (g) fails upon being notified of a recall to signify their her or his intention to return within twenty (20) calendar days after they have she or he has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within thirty (30) calendar days after they have she or he has received the notice of recall or such further period of time as may be agreed upon by the parties. (h) If a casual employee has not provided availability or refuses to work for a three (3) month period, they she/he will be given written notice to their last known address requesting their continued employment intention. Should the employee fail to respond to this registered letter within thirty (30) days of receiving it, their name will be removed from the casual part-time list. Should the casual part-time employee respond to their appropriate manager, they she/he will declare their availability to work within the following four (4) week schedule. Casual employees who have submitted a request and have been approved for an extended leave shall be exempt from this provision.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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