Common use of Layoff Definition and Notice Clause in Contracts

Layoff Definition and Notice. a) A layoff shall not include a reassignment of an employee from her or his classification or area of assignment who would otherwise be entitled to notice of layoff provided: i. reassignments will occur in reverse order of seniority; ii. the reassignment of the employee is to an appropriate position with the employer having regard to the employee’s skills, abilities, qualifications and training or training requirements; iii. the reassignment of the employee does not result in a reduction of the employee’s wage rate or hours of work; iv. the job to which the employee is reassigned is located at the employee’s original work site; v. the job to which the employee is reassigned is on the same or substantially similar shift or shift rotation; and vi. where more than one employee is to be reassigned in accordance with this provision, the reassigned employees shall be entitled to select from the available appropriate vacancies to which they are being reassigned in order of seniority provided that no such selection causes or would cause a layoff or bumping. The Hospital bears the onus of demonstrating that the foregoing conditions have been met in the event of a dispute. b) A "short-term layoff" shall mean: i. a layoff resulting from a planned temporary closure of any part of the Employer's facilities during all or part of the months of July and August (a "summer shutdown") or during the period between December 15th and January 15th inclusive (a "Christmas shutdown"); or ii. a layoff resulting from a planned temporary closure, not anticipated to exceed six months in length, of any part of the Employer's facilities for the purpose of construction or renovation; or iii. any other temporary layoff which is not anticipated to exceed three months in length. c) A "long-term layoff" shall mean: i. any layoff which is not a “short-term layoff”; or, ii. the permanent reduction in regular hours of a full-time employee. d) Where an employee has her or his shift cancelled, this shall not constitute a layoff under this agreement. Cancellation of partial or single shifts will be on the basis of seniority of the RTs on the unit on that shift, except where the more senior employee does not possess the training for the duties required on that particular shift.