– LAYOFF, RECALL AND TERMINATION. 10.01 This Article shall apply only to Continuous Employees. 10.02 For the purposes of this Article, the following definitions shall apply: (a) “lay-off” - a temporary or permanent separation from employment; (b) “similar employees” - two (2) or more Employees having a common status performing the same or similar functions in the same work unit within a classification; 10.03 In the event of lay off, the Employer will arrange a meeting with the Union, prior to any discussion with the Employee(s) to review circumstances, including: (i) the timing and specific process to be followed; (ii) any other matter(s) the parties deem relevant. The Employer shall notify the Employee(s) to be laid-off at least twenty (20) working days prior to the effective date of lay-off (working notice), or shall make payment in lieu of notice. The sum of the working notice period and any payment in lieu shall be equivalent to at least twenty (20) working days. Employees with ten (10) or more completed years of service shall be entitled to an additional five (5) days of working notice or payment in lieu of notice for each additional five (5) years of service over ten (10) years to a maximum of thirty (30) working days of notice or payment in lieu of notice. The Employer will meet with the affected Employee(s) and the Union Representative to discuss available options and alternative strategies to mitigate the impact to Employee(s). During the period of working notice, the Employer will allow the affected Employee a reasonable amount of time off, with pay, to interview with prospective employers outside of the College. 10.04 The requirement to provide notice of lay-off shall not apply in the event of a staff reduction caused by fire, flood, earthquake, or other acts of God requiring closure of part or all of the College’s operations. 10.05 When similar Employees are to be laid-off, the Employer shall lay-off such Employees in reverse order of their seniority providing those retained are qualified and able to perform the work that is available. 10.06 An Employee may be recalled to the job from which the Employee was laid off or to a similar continuous job within the same classification. Recall of such similar Employees shall be on the basis of seniority provided the Employee is qualified and able to perform the available work. 10.07 An Employee shall be responsible for providing the Employer with his current address and telephone number for recall purposes. 10.08 Seniority is lost and the Employer shall not be obliged to recall an Employee: (a) when the Employee resigns, retires, or employment is properly terminated, or (b) when the Employee does not return to work on recall within ten (10) work days of the stated reporting date, or the Employee cannot be located after a reasonable effort to recall the Employee; or (c) upon the expiry of one hundred eighty (180) calendar days following the original date of lay-off during which time the Employee has not been recalled to work, or (d) when an Employee refuses the recall offer to their former classification and employment status. 10.09 If an Employee has not been recalled within one hundred eighty (180) calendar days from the date of lay-off, the Employee shall be entitled to severance pay in the amount of three (3) week’s pay for each full year of continuous service to a maximum of forty (40) weeks pay. An Employee with fifteen (15) or more completed years of service shall be entitled to an additional four (4) weeks of severance pay. The total of notice or payment in lieu of notice under Article 10.03 and severance under Article 10.09 shall not exceed fifty (50) weeks. Severance pay will not be paid to an Employee who resigned, retired, or failed to return to work when recalled as per 10.08 (b) and (d). 10.10 If the lay-off is expected to exceed one hundred eighty (180) calendar days, the Employee may choose to waive rights and accept termination of employment due to lack of work within ten (10) days of lay-off, and receive severance pay in accordance with Clause 10.09, or, if the job will no longer exist the Employer may terminate the Employee and pay him severance in accordance with this Article. 10.11 If an Employee’s employment is terminated while on lay-off, the Employee shall receive severance pay in accordance with Clause 10.09. 10.12 If an Employee is still employed by the Employer in some capacity other than continuous status, at the end of the one hundred eighty (180) calendar day period, the Employee shall be entitled to the amount of severance provisions calculated at the original date of layoff, set out in Clause 10.09 when such non- continuous employment terminates.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
– LAYOFF, RECALL AND TERMINATION. 10.01 This Article shall apply only to Continuous Employees.
10.02 For the purposes of this Article, the following definitions shall apply:
(a) “lay-off” - a temporary or permanent separation from employment;
(b) “seniority” - the length of continuous employment with the Employer;
(c) “similar employees” - two (2) or more Employees having a common status performing the same or similar functions in the same work unit within a classification;
(d) “continuous employee” - a continuous status Employee who has successfully completed his probationary period.
10.03 In the event of lay lay-off, the Employer will arrange a meeting with the Union, prior to any discussion with the Employee(s) to review circumstances, including:
(i) the timing and specific process to be followed;
(ii) any other matter(s) the parties deem relevant. The Employer shall notify the Employee(s) to be laid-off at least twenty (20) working days prior to the effective date of lay-off (working notice), or shall make payment in lieu of notice. The sum of the working notice period and any payment in lieu shall be equivalent to at least twenty (20) working days. Employees with ten (10) or more completed years of service shall be entitled to an additional five (5) days of working notice or payment in lieu of notice for each additional five (5) years of service over ten (10) years to a maximum of thirty (30) working days of notice or payment in lieu of notice. The Employer will meet with the affected Employee(s) and the Union Representative to discuss available options and alternative strategies to mitigate the impact to Employee(s). During the period of working notice, the Employer will allow the affected Employee a reasonable amount of time off, with pay, to interview with prospective employers outside of the College.
10.04 The requirement to provide notice of lay-off shall not apply in the event of a staff reduction caused by fire, flood, earthquake, or other acts of God requiring closure of part or all of the College’s operations.
10.05 When similar Employees are to be laid-off, the Employer shall lay-off such Employees in reverse order of their seniority providing those retained are qualified and able to perform the work that is available.
10.06 An Employee may be recalled to the job from which the Employee was laid off or to a similar continuous job within the same classification. Recall of such similar Employees shall be on the basis of seniority provided the Employee is qualified and able to perform the available work.
10.07 An Employee shall be responsible for providing the Employer with his current address and telephone number for recall purposes.
10.08 Seniority is lost and the Employer shall not be obliged to recall an Employee:
(a) when the Employee resigns, retires, or employment is properly terminated, or
(b) when the Employee does not return to work on recall within ten (10) work days of the stated reporting date, or the Employee cannot be located after a reasonable effort to recall the Employee; or
(c) upon the expiry of one hundred eighty (180) calendar days following the original date of lay-off during which time the Employee has not been recalled to work, or
(d) when an Employee refuses the recall offer to their former classification and employment status.
10.09 If an Employee has not been recalled within one hundred eighty (180) calendar days from the date of lay-off, the Employee shall be entitled to severance pay in the amount of three (3) week’s pay for each full year of continuous service to a maximum of forty (40) weeks pay. An Employee with fifteen (15) or more completed years of service shall be entitled to an additional four (4) weeks of severance pay. The total of notice or payment in lieu of notice under Article 10.03 and severance under Article 10.09 shall not exceed fifty (50) weeks. Severance pay will not be paid to an Employee who resigned, retired, or failed to return to work when recalled as per 10.08 (b) and (d).
10.10 If the lay-off is expected to exceed one hundred eighty (180) calendar days, the Employee may choose to waive rights and accept termination of employment due to lack of work within ten (10) days of lay-off, and receive severance pay in accordance with Clause 10.09, or, if the job will no longer exist the Employer may terminate the Employee and pay him severance in accordance with this Article.
10.11 If an Employee’s employment is terminated while on lay-off, the Employee shall receive severance pay in accordance with Clause 10.09.
10.12 If an Employee is still employed by the Employer in some capacity other than continuous status, at the end of the one hundred eighty (180) calendar day period, the Employee shall be entitled to the amount of severance provisions calculated at the original date of layoff, set out in Clause 10.09 when such non- continuous employment terminates.
Appears in 1 contract
Samples: Collective Agreement
– LAYOFF, RECALL AND TERMINATION. 10.01 This Article shall apply only to Continuous Employees.
10.02 For the purposes of this Article, the following definitions shall apply:
(a) “lay-offlay-‐‑off” - -‐‑ a temporary or permanent separation from employment;
(b) “seniority” -‐‑ the length of continuous employment with the Employer;
(c) “similar employees” - -‐‑ two (2) or more Employees having a common status performing the same or similar functions in the same work unit within a classification;
(d) “continuous employee” -‐‑ a continuous status Employee who has successfully completed his probationary period.
10.03 In the event of lay offlay-‐‑off, the Employer will arrange a meeting with the Union, prior to any discussion with the Employee(s) to review circumstances, including:
(i) the timing and specific process to be followed;
(ii) any other matter(s) the parties deem relevant. The Employer shall notify the Employee(s) to be laid-off laid-‐‑off at least twenty (20) working days prior to the effective date of lay-off lay-‐‑off (working notice), or shall make payment in lieu of notice. The sum of the working notice period and any payment in lieu shall be equivalent to at least twenty (20) working days. Employees with ten (10) or more completed years of service shall be entitled to an additional five (5) days of working notice or payment in lieu of notice for each additional five (5) years of service over ten (10) years to a maximum of thirty (30) working days of notice or payment in lieu of notice. The Employer will meet with the affected Employee(s) and the Union Representative to discuss available options and alternative strategies to mitigate the impact to Employee(s). During the period of working notice, the Employer will allow the affected Employee a reasonable amount of time off, with pay, to interview with prospective employers outside of the College.
10.04 The requirement to provide notice of lay-off lay-‐‑off shall not apply in the event of a staff reduction caused by fire, flood, earthquake, or other acts of God requiring closure of part or all of the College’s operations.
10.05 When similar Employees are to be laid-offlaid-‐‑off, the Employer shall lay-off lay-‐‑off such Employees in reverse order of their seniority providing those retained are qualified and able to perform the work that is available.
10.06 An Employee may be recalled to the job from which the Employee was laid off or to a similar continuous job within the same classification. Recall of such similar Employees shall be on the basis of seniority provided the Employee is qualified and able to perform the available work.
10.07 An Employee shall be responsible for providing the Employer with his current address and telephone number for recall purposes.
10.08 Seniority is lost and the Employer shall not be obliged to recall an Employee:
(a) when the Employee resigns, retires, or employment is properly terminated, or
(b) when the Employee does not return to work on recall within ten (10) work days of the stated reporting date, or the Employee cannot be located after a reasonable effort to recall the Employee; or
(c) upon the expiry of one hundred eighty (180) calendar days following the original date of lay-off lay-‐‑off during which time the Employee has not been recalled to work, or
(d) when an Employee refuses the recall offer to their former classification and employment status.
10.09 If an Employee has not been recalled within one hundred eighty (180) calendar days from the date of lay-offlay-‐‑off, the Employee shall be entitled to severance pay in the amount of three (3) week’s pay for each full year of continuous service to a maximum of forty (40) weeks pay. An Employee with fifteen (15) or more completed years of service shall be entitled to an additional four (4) weeks of severance pay. The total of notice or payment in lieu of notice under Article 10.03 and severance under Article 10.09 shall not exceed fifty (50) weeks. Severance pay will not be paid to an Employee who resigned, retired, or failed to return to work when recalled as per 10.08 (b) and (d).
10.10 If the lay-off lay-‐‑off is expected to exceed one hundred eighty (180) calendar days, the Employee may choose to waive rights and accept termination of employment due to lack of work within ten (10) days of lay-offlay-‐‑off, and receive severance pay in accordance with Clause 10.09, or, if the job will no longer exist the Employer may terminate the Employee and pay him severance in accordance with this Article.
10.11 If an Employee’s employment is terminated while on lay-offlay-‐‑off, the Employee shall receive severance pay in accordance with Clause 10.09.
10.12 If an Employee is still employed by the Employer in some capacity other than continuous status, at the end of the one hundred eighty (180) calendar day period, the Employee shall be entitled to the amount of severance provisions calculated at the original date of layoff, set out in Clause 10.09 when such non- non-‐‑ continuous employment terminates.
Appears in 1 contract
Samples: Collective Agreement