Common use of Loss of Seniority and Termination Clause in Contracts

Loss of Seniority and Termination. Seniority status once acquired by permanent full-time employees will be lost and their names removed from the seniority list and their employment terminated for any of the following reasons: a) Voluntary resignation; b) Discharge for cause not reversed through operation of the grievance procedure; c) Continuous non-employment including lay-off, but not including sickness, accident or authorized leave of absence for a period of time equal to the length of seniority at the time of lay-off or for a period of thirty-six (36) months, whichever is lesser. d) Continuous non-employment while in receipt of LTD or WSIB benefits for a period of time equal to the length of seniority at the time of commencement of absence, or for thirty-six (36) months, whichever is the lesser. e) Failure to signify intention to return to work after recall from lay-off within five (5) working days following proper notification by the Region by registered or certified mail sent to the employee at the last address provided by the employee to the Human Resources Department, or failure to return to work after an additional five (5) working days following such notification. Copies of the registered or certified notification will be sent to the President and Recording Secretary of the Union. The intent of this Clause is as follows: i) The registered or certified notification shall be deemed to be received on the third (3rd) calendar day after the date of mailing. ii) The laid off employee has five (5) working days to notify the Region. iii) An employee who has complied with ii) above will have a further five (5) working days from the expiry of the time period in ii) above to return to duty. Employees notifying the Region within the said five (5) working days referred to in ii) above that they are unable to return to work within the prescribed time for a legitimate reason acceptable to the Region, will not have their name struck from the seniority list. Their name, however, may be passed over and the next in line in seniority may be recalled. These time limitations may be extended in writing for valid reasons such as sickness certified by a doctor's certificate, death in the immediate family, accident, and other legitimate reasons acceptable to the Region. f) Absence from work without an excuse acceptable to the Region for a period of more than three (3) consecutive working days.