Common use of Loss of Seniority and Employment Clause in Contracts

Loss of Seniority and Employment. An employee shall lose seniority standing, his or her name shall be removed from all seniority lists and employment deemed to be terminated for any of the following reasons: (1) If the employee voluntarily quits. (2) If the employee is discharged and is not reinstated. (3) If an employee fails to return to work on the date indicated in the return to work notice he/she shall be deemed to have abandoned their position and to have forfeited his/her right to recall. It is agreed that the employer shall provide at least 5 days notice of recall to employees. If an employee is available for work within the 5 days and if the employer has a position available, nothing will prevent the employee from assuming his/her job prior to the recall date provided in the notice. (4) If the employee has been on layoff for lack of work for a period of more than twelve (12) consecutive months. (5) If the employee is absent without permission for three (3) consecutive working days, unless he or she has a reasonable and justifiable explanation for the absence. (6) Subject to a person’s rights under the Ontario Human Rights Code and the Workers’ Compensation Act, when an employee is absent from work for six (6) months.