Common use of Loss of Seniority and Deemed Termination Clause in Contracts

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.

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 utilizes a leave of absence for purposes other than those for which the leave of absence was granted.