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Loss of Seniority and Deemed Termination Sample Clauses

Loss of Seniority and Deemed Termination. 14.1 An employee’s seniority rights once acquired shall cease to exist and the employee shall be deemed to be terminated, if an employee: (i) voluntarily quits the employ of the Company; (ii) is discharged and such discharge is not reversed through the Grievance or Arbitration Procedure; (iii) utilizes a leave of absence, for purposes other than those for which the leave was granted, or engages in gainful employment elsewhere while on a leave of absence without the Company’s consent, or who fails to report for duty after a lay off or leave of absence in accordance with the provisions of this Agreement; (iv) is laid off for a period of fifteen (15) consecutive months; (v) fails to notify the Company of an intention to return to work within two (2) days of being notified of recall by registered mail or by courier or, failure to return to work within five (5) days after being notified of recall by registered mail, or courier, unless a reasonable explanation is given; (vi) has been absent for three (3) consecutive days without having notified the Company, unless a reasonable explanation is given; (vii) retires.
Sample 1Sample 2Sample 3See All (8)
Loss of Seniority and Deemed Termination. (a) Seniority shall be lost and an employee shall be deemed to have been terminated: i) if the employee voluntarily quits; ii) if the employee retires; iii) if the employee is discharged for just cause under Article 8 and not reinstated through the Grievance or Arbitration procedure; iv) if the employee fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this Agreement; v) if twenty-four (24) months have elapsed from the date of lay-off; vi) if the employee is absent from work for more than three (3) scheduled working days without notifying the Employer or providing an explanation acceptable to the Employer for the lack of contact; vii) if the employee is absent from work for more than thirty (30) months due to accident or illness. The Parties agree that a period longer than thirty (30) months would constitute undue hardship, unless an Ontario statute expressly sets out a greater period; viii) if the employee fails to return to work upon termination of an authorized leave of absence without a reason satisfactory to the Employer or utilize a leave of absence for purposes other than those for which the leave of absence was granted.
Sample 1Sample 2Sample 3See All (7)
Loss of Seniority and Deemed Termination. Seniority shall be lost and an employee shall be deemed to be terminated under the following circumstances: (a) Where the employee resigns or is retired in accordance with the University Pension Plan; (b) Where the employee is discharged for just cause; (c) Where the employee has been laid off for a period of 18 months or more; (d) Is absent for more than three scheduled working days without contacting the University and providing a reasonable explanation; (e) Has been laid off and fails to report an intention to return to work within 14 calendar days from the date of notification by registered mail at the last address on the files of the employer; (f) for leaves granted under Article 11.01, fails to return upon completion of a granted personal leave of absence or uses any leave for purposes other than those for which leave was granted.
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Loss of Seniority and Deemed Termination. 15.1 An employee’s seniority rights once acquired shall cease to exist and the employee shall be deemed to be terminated, if an employee: (a) voluntarily quits the employ of the Employer; (b) is discharged and such discharge is not reversed through the Grievance or Arbitration Procedure; (c) utilizes a leave of absence, for purposes other than those for which the leave was granted, or engages in gainful employment elsewhere while on a leave of absence, or who fails to report for duty on the first (1st) day following the expiration of a leave of absence, vacation or suspension, unless the employee has first obtained the written consent of the Employer or the employee provides a reasonable explanation, which will be considered by the Employer; (d) is laid off for a continuous period of six (6) months where her length of seniority is less than six (6) years; is laid off for a continuous period of twelve (12) months where her length of seniority is between six (6) years and ten (10) years; is laid off for a continuous period of eighteen (18) months where her length of seniority is more than ten (10) years; (e) fails to notify the Employer of an intention to return to work within three (3) days of being notified of recall by registered mail or by telephone or failure to return to work within three (3) days after being notified of recall by registered mail or by telephone, unless a reasonable explanation is given, which will be considered by the Employer; (f) has been absent for three (3) consecutive days without having notified the Employer, in which case the employee shall be deemed to have quit without notice, unless a reasonable explanation is given, which will be considered by the Employer; (g) leaves the Employer’s premises during regular working hours (not including meal breaks and rest periods) without the permission of the employee’s immediate supervisor; or (h) retires 15.2 The Employer agrees that it will not transfer an employee to a position outside of the bargaining unit without the employee’s consent.
Sample 1Sample 2
Loss of Seniority and Deemed Termination. Seniority shall be lost and an employee shall be deemed to have been terminated if the employee: (a) if the employee voluntarily quits; (b) if the employee retires; (c) if, after having completed the probationary period, the employee is discharged for just cause and not reinstated through the grievance procedure or arbitration procedure; (d) if the employee fails to report for duty after a lay‐off or leave of absence in accordance with the provisions of this Agreement; (e) if 12 months have elapsed from the date of lay‐off; (f) if the employee is absent from work for more than three scheduled working days without notifying the Employer unless a reason satisfactory to the Employer is given; (g) if the employee is absent from work for more than 24 months due to accident or illness. The Parties agree that a longer time would constitute undue hardship; (h) if the employee fails to return to work upon termination of an authorized leave of absence without a reason satisfactory to the Employer, accepts gainful employment while on a leave of absence without first obtaining the consent of the Employer in writing or utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
Sample 1
Loss of Seniority and Deemed Termination. 18.1 An Employee shall lose all seniority and the employment of the Employee shall be deemed to have been terminated without further notice for any of the following reasons: (a) voluntary resignation (b) retires or is retired (c) discharged for cause and is not reinstated (d) layoff in excess of twenty four (24) months (e) absence from work for three (3) consecutive working days, without notifying the Agency, in which case such Employee shall be deemed to have quit the employ of the Agency, without notice, unless a reasonable explanation for failing to notify is provided to the Agency (f) failure to notify the Agency of an intention to return to work, within fortyeight
Sample 1
Loss of Seniority and Deemed Termination. An employee shall lose all seniority and his/her employment shall be deemed to be terminated if the employee:
Sample 1
Loss of Seniority and Deemed Termination. ‌ Seniority shall be lost and an employee shall be deemed to have terminated his/her employment with the Employer if the employee: a) voluntarily quits employment; b) is discharged for just cause and is not reinstated; c) fails to report to work within fourteen calendar days after issuance of notice of recall by registered mail to the employee’s last address on record with the Employer; d) fails to report for work upon the expiration of any Leave of Absence granted to the employee without a reason acceptable to the Association, or uses a Leave for a reason other than that for which it was granted; e) where the employee is absent from scheduled work for a period of three consecutive working days or more without a reason satisfactory to the employee's supervisor or designate; f) is laid off for a period in excess of twelve months; g) is retired.
Sample 1
Loss of Seniority and Deemed Termination. 18.1 An Employee shall lose all seniority and shall be deemed to have quit the employ of the Employer and the employment of the Employees shall be deemed to have been terminated without further notice for any of the following reasons: a) voluntary resignation b) retires c) discharged for cause and is not reinstated d) layoff in excess of thirty (30) months e) absence from work for three (3) consecutive working days, without notifying the Employer, in which case such Employee shall be deemed to have quit the employ of the Employer, without notice, unless an explanation is provided to the Employer which it considers satisfactory. f) failure to notify the Employer of an intention to return to work, within forty-eight (48) hours of being notified of recall by registered mail, or by telephone, or failure to return to work within seven (7) calendar days after being notified of recall by registered mail, telephone, or email (unless the Employee is ill), Registered mail sent to the Employee’s most recent address, on her employment file, shall be interpreted as proper notice and leaving a telephone message at the Employee’s residence will also constitute proper notice. For purposes of recall, it shall be the responsibility of the Employee to keep the Employer informed of her current address and telephone number. g) failure to report for work as scheduled at the end of a leave of absence, vacation, or suspension, unless an explanation is given by the Employee to the Employer which it considers satisfactory. h) engages in gainful employment without authorization while on an approved leave of absence.
Sample 1

Related to Loss of Seniority and Deemed Termination

  • Loss of Seniority and Employment A Nurse shall lose both Seniority and employment in the event that: (a) The Nurse is discharged for just cause and is not reinstated. (b) The Nurse resigns or retires from employment. (c) After recall, the Nurse fails to notify the Employer as set out in lay off provisions unless such notice was not reasonably possible. (d) The Nurse is laid-off for more than two (2) years, subject to lay off provisions. (e) The Nurse is absent from work for three (3) consecutive scheduled shifts or more without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible. (f) A Nurse who retires from employment loses employment and Service, but if within six months of the retirement, the Nurse returns to work in any Bargaining Unit represented by the Nova Scotia Nurses’ Union, the Nurse will maintain the Seniority the Nurse had prior to retirement and may accumulate additional Seniority on either a Casual or Regular basis depending on the status of the appointment after retirement. (g) The Nurse fails to return from an approved leave of absence, without notifying the Employer unless such notice was not reasonably possible or takes unauthorized employment while on an approved leave of absence.

  • Unpaid Leave - Affecting Seniority and Benefits ‌ Any employee granted unpaid leave of absence totalling up to twenty (20) working days in any year shall continue to accumulate seniority and all benefits and shall return to her/his former job and increment step. If an unpaid leave of absence or an accumulation of unpaid leaves of absence exceeds twenty (20) working days in any year, the employee shall not accumulate benefits from the twenty-first (21st) day of the unpaid leave to the last day of the unpaid leave but shall accumulate benefits and receive credit for previously earned benefits upon expiration of the unpaid leave.

  • Loss of Seniority An employee shall lose all seniority and shall be deemed terminated if:

  • Termination of Seniority An employee's seniority shall terminate: A. If the employee resigns B. If the employee retires C. If the employee is discharged D. If the employee is laid off for a period of more than twenty-four (24) consecutive months E. If the employee who has completed his/her probationary period fails to report to work as scheduled after any authorized absence or layoff, he may be terminated effective on the 4th calendar day following the scheduled return to work date

  • SENIORITY AND LAYOFF The first twelve (12) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.

  • SENIORITY AND LAYOFFS 11.01 Seniority of employees shall be calculated from date of hire. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment. Employees hired on the same date shall be placed on the seniority grid in reverse alphabetical order. 11.02 Seniority lists shall be maintained at all times by the Employer and shall be available to the Union to ascertain the seniority status of an employee within its jurisdiction. 11.03 Seniority rights shall cease for any employee who: a. voluntarily quits the employ of the Employer; b. is discharged and such discharge is not reversed through the grievance procedure; c. is laid off for a continuous period of more than nine (9) consecutive months; d. fails to return to work within five (5) workdays after notification to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return. a. In case of layoffs, the Employer will give such recognition to the seniority standings of the employees as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, the rule shall prevail that the employee having most seniority shall be laid off last and recalled first. b. Employees with less than six (6) months' seniority shall not have the right to recall. 11.05 One (1) week's notice of layoff shall be given to each employee for each year of seniority to a maximum of eight (8) weeks notice. 11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within three (3) workdays after the layoff took place. 11.07 Any employee laid off and recalled for work must return within two (2) workdays when unemployed and within five (5) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.

  • Termination of 401(k) Plan Unless otherwise directed in writing by Parent at least five business days prior to the consummation of the Offer, and to the extent permitted by Applicable Law, the Company will terminate any and all Employee Plans intended to qualify as a qualified cash or deferred arrangement under Section 401(k) of the Code, effective as of the day immediately preceding the date the Company becomes a member of the same Controlled Group of Corporations (as defined in Section 414(b) of the Code) as Parent (the “401(k) Termination Date”). The Company shall provide Parent evidence that such resolutions to terminate the 401(k) plan(s) of the Company and its Subsidiaries have been adopted by the Company Board or the board of directors of its Subsidiaries, as applicable. The form and substance of such resolutions shall be subject to the reasonable approval of Parent. The Company shall also take such other actions in furtherance of terminating any such 401(k) plans as Parent may reasonably request. Immediately prior to the 401(k) Termination Date, the Company will make (or cause to be made) all necessary payments to fund the contributions (i) necessary or required to maintain the tax-qualified status of any such 401(k) plan and (ii) for elective deferrals made pursuant to any such 401(k) plan for the period prior to its termination. As promptly as practicable after the 401(k) Termination Date and subject to the terms of Parent’s 401(k) plan, Parent shall permit all employees of the Company and its Subsidiaries who were eligible to participate in any such 401(k) plan immediately prior to the 401(k) Termination Date to participate in Parent’s 401(k) plan, and to the extent permitted by the terms of the applicable plan, shall permit each continuing employee of the Company and its Subsidiaries to elect to roll over his or her account balance from any terminated 401(k) plan maintained by the Company or any of its Subsidiaries, to Parent’s 401(k) plan.

  • Termination of Employment Following a Change in Control (a) If this Agreement shall be terminated within two years after a Change in Control which occurs during the term of this Agreement, provided such termination is by the Executive for Good Reason or by the Company Without Cause (which includes delivery by the Company of a notice of nonrenewal of this Agreement pursuant to Section 3 hereof), in lieu of any obligation the Company may have pursuant to Section 6.3 hereof: (1) The Company shall pay to the Executive in a lump sum in cash within five (5) days after the Date of Termination, if not theretofore paid, the Executive's Base Salary (as in effect on the Date of Termination) through the Date of Termination, and in the case of compensation previously deferred and bonuses previously earned by the Executive, all amounts of such compensation previously deferred and earned and not yet paid by the Company. (2) The Company shall, promptly upon submission by the Executive of supporting documentation, pay or reimburse to the Executive any costs and expenses paid or incurred by the Executive which would have been payable under Section 4.6 hereof if the Executive's employment had not terminated. (3) The Company shall pay to the Executive in a lump sum in cash within five (5) days after the Date of Termination a severance payment equal to one and one-half (1.5) times the sum of (i) the Executive's Base Salary (as in effect on Date of Termination) and (ii) the Executive's most recent Annual Bonus. If the most recent Annual Bonus was a stock option or a stock grant, the value of the bonus will be deemed to be the number of option shares times the closing price of the Common Stock for the 20 trading days prior to the Date of Termination. (4) During the 18-month period commencing on the Date of Termination, the Company shall continue benefits (other than disability benefits), at the Company's expense to the Executive and/or the Executive's family at least equal to those which would have been provided to them under Section 4.5 hereof if the Executive's employment had not been terminated (without giving effect to any reduction in such benefits subsequent to the Change in Control which reduction constitutes or may constitute Good Reason). (b) The Company shall pay to the Executive all legal fees and expenses incurred by the Executive as a result of a termination which entitles the Executive to any payments under Section 6.4 hereof including all such fees and expenses, if any, incurred in contesting or disputing any Notice of Termination under Section 5.3 hereof or in seeking to obtain or enforce any right or benefit provided by Section 6.4 hereof. Such payments shall be made within five (5) days after delivery of the Executive's respective written requests for payment accompanied by such evidence of fees and expenses incurred as the Company reasonably may require. (c) Any determination by the Executive pursuant to this Section 6.4 that Good Reason exists for the Executive's termination of employment and that adequate remedy has not occurred shall be presumed correct and shall govern unless the party contesting the determination shows by a clear preponderance of the evidence that it was not a good faith reasonable determination. (d) Notwithstanding any dispute concerning whether Good Reason exists for termination of employment or whether adequate remedy has occurred, the Company shall immediately pay to the Executive any amounts otherwise due under this Section 6.4. The Executive may be required to repay such amounts to the Company if any such dispute is finally determined adversely to the Executive. (e) The Executive shall not be required to mitigate damages with respect to the amount of any payment provided under this Section 6.4 by seeking other employment or otherwise, nor shall the amount of any payment provided under this Section 6.4 be reduced by retirement benefits, deferred compensation or any compensation earned by the Executive as a result of employment by another employer.

  • Definition of Total Disability Total disability means that the employee is unable, because of sickness or accident, to perform the duties of their regular occupation. This definition applies for the first twenty-four (24) months of payments. After this time, the inability to perform an occupation for which the employee is reasonably fitted by training, education or experience will constitute total disability. It is not required that an employee be confined to home, but they must be under the regular care of a physician.

  • Compensation Following Termination In the event that Executive’s employment hereunder is terminated, Executive shall be entitled only to the following compensation and benefits upon such termination:

Most Referenced Clauses

Most Referenced Definitions