Common use of Deemed Termination Clause in Contracts

Deemed Termination. ‌ Seniority shall be lost and an employee shall be considered to be terminated under the following circumstances: (a) where the employee resigns; (b) where the employee is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) where the employee has been absent due to disability or illness for a period of twenty-four (24) months, provided the termination is not contrary to the Human Rights Code; (d) where the employee has been laid off for a period of twelve months if less than five (5) years seniority or twenty-four (24) months for those employees with five (5) or more years seniority; (e) where the employee is absent from scheduled work for three (3) consecutive days without providing a reason satisfactory to the Chief Administrative Officer; (f) where the employee has been laid off and fails to report the employee’s intention to return to work within seven (7) calendar days from the date of notification by registered mail at the last address on the files of the Employer, or fails to report for work within seven (7) calendar days thereafter, unless the employee has a reason satisfactory to the Chief Administrative Officer.

Deemed Termination. ‌ Seniority shall be lost and an the employee shall be considered deemed to be terminated under the following circumstances: (a) where if the employee resignsquits; (b) where if the employee is discharged for just and reasonable cause and the discharge is not reversed through the grievance Grievance or arbitration procedureArbitration Procedure; (c) where if the employee has been absent due to disability or illness layoff for a period of twenty-four (24) months, provided the termination is not contrary to the Human Rights Code; (d) where if the employee has been laid off absent from scheduled work without a reason satisfactory to the Employer for a period of twelve months if less than five three (53) years seniority consecutive working days; e) If the employee is absent due to illness or twenty-disability for a period of twenty- four (24) months for those employees with five (5) or more years seniority; (e) where the employee is absent from scheduled work for three (3) consecutive days without providing a reason satisfactory to the Chief Administrative Officer; (f) where which the employee has been laid off and granted disability benefits. An employee shall not be terminated under this clause where the circumstances conflict with the provisions of the Human Rights Code or the Workers' Compensation Act; f) if an employee fails to report the employee’s intention to return to work after layoff within seven fourteen (714) calendar days from the after date of notification recall notice sent by registered mail at letter to the employee's last address on the files of known to the Employer, or fails to report ; g) If an employee uses a leave of absence for work within seven (7) calendar days thereafter, unless the employee has a reason satisfactory to the Chief Administrative Officerpurpose other than that for which it was granted.