Common use of Loss of Clause in Contracts

Loss of. An employee shall lose all seniority and her employment shall be deemed to be terminated if she: voluntarily resigns, retirees or is discharged for just cause; or is absent from work more that twenty-four (24) months by reason of illness other physical disability; or is absent from work without a reasonable excuse for more than three (3) consecutive days for which she scheduled to work, or is absent from work for more than thirty (30) months by reason of lay-off, or is absent from work for more than thirty (30) months by reason of absence while on Employees who are on leave of absence will not engage gainful employment on such leave and if an employee does engage gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer. The Union and the Employer agree to abide by the Human Rights Code. The Employer will notify the employee when his or her benefits will cease. An employee's return to work after sick leave will be con- ditional on his supplying when requested a certificate from a physician that the employee has recovered from the sickness which caused his absence. a current basis and revised every January and July. The starting date of full-time employees, with seniority adjusted if required under this collective agreement, shall be shown on the full-time list and the number of hours worked by part-time employees, seniority adjusted required under this collective agreement, shall be shown on the part-time list. For purposes of articles and where the promotion, demotion, permanent transfer, lay-off or recall is to or from a full-time job, the Home will limit its consideration to employees on the seniority list before it considers part-time employees. Part-time employees who are laid off shall not displace full-time employees.

Loss of. An employee shall lose all seniority and her employment shall be deemed to be terminated if she: voluntarily resigns, retirees retires or is discharged for just cause; or is absent from work more that twentythan thirty-four six (2436) months by reason of illness or other physical disabilitydisability and there is no reasonable likelihood the employee will return to work within the near future; or is absent from work without a reasonable excuse for more than three (3) consecutive days for which she is scheduled to work, ; or is absent from work for more than thirty thirty-six (3036) months by reason of lay-lay- off, ; or is absent from work for more than thirty thirty-six (3036) months by reason of absence while on and there is no reasonable likelihood the employee will return to work within the near future. Employees who are on leave of absence will not engage in gainful employment on such leave and if an employee does engage in gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer. An employee who has been granted a leave of absence of any kind and who overstays her leave, unless she obtains permission or provides a satisfactory explanation, shall be considered to have terminated her employment without notice. The Union and the Employer agree to abide by the Human Rights Code. The Employer will notify the employee when his or her benefits will cease. The Employer agrees that employees may be permitted to transfer from one Nursing Home to another Nursing Home in the Province of Ontario for their own personal convenience and at their own expense, subject to the following conditions. Employees wishing to transfer must notify, in writing, the Administrator of the home to which they would like to transfer, within thirty (30) days of leaving employment at the former home. Such notice shall include the employee’s qualifications, present position, scheduling preferences (if any), and when they would be available to commence work. An employee's return applicant, who is permitted to work after sick leave transfer from one nursing home to another as a result of this transfer procedure, will retain any seniority that they had previously accrued and the applicable wage rate shall be con- ditional on his supplying when requested a certificate from a physician that paid according to the position to which the employee has recovered from the sickness which caused his absencetransferred. a current basis and revised every January and July. The starting date of full-time employeesHowever, with an employee so transferring will only be able to exercise home seniority adjusted if required under this collective agreement, shall be shown on the full-time list and the number of hours worked by part-time employees, seniority adjusted required under this collective agreement, shall be shown on the part-time list. For for purposes of articles and where the promotiontransfers, demotion, permanent transferpromotions, lay-off or recall offs and reductions in staff. In the event an employee is hired (not transferred) into this home and has experience at another Nursing Home, in the same chain clause above shall apply as it relates to or from a full-time job, the Home will limit its consideration to employees on the seniority list before it considers part-time employees. Part-time employees who are laid off shall not displace full-time employeesand wage rate.

Loss of. An employee shall lose all seniority and her employment service and shall be deemed to be have terminated if shehe: voluntarily resigns, retirees or ; is discharged for just causeand not reinstated through the procedure; or is retired; is absent from from. scheduled work for a period of three (3)or more that consecutive working days notifyingthe Hospitalof such absence and providing to the Hospital a satisfactory reason; has been laid off for twenty-four (24) months by reason of illness other physical disability; or is absent from work without a reasonable excuse for more than three (3) consecutive days for which she scheduled to work, or is absent from work for more than thirty (30) months by reason of lay-off, or is absent from work for more than thirty (30) months by reason of absence while on Employees who are on leave of absence will not engage gainful employment on such leave and if an employee does engage gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer. The Union and the Employer agree to abide by the Human Rights Code. The Employer will notify the employee when his or her benefits will cease. An employee's has been laid off and fails to return to work within seven calendar days after that employee has been notified by the Hospital through registered mail addressed to the last address on the records of the Hospital, to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall; is absent to illness or disability for a period of thirty calendar months from the time the disability or illness commenced. It understood that during an unpaid absence not exceeding thirty continuous days or any approved absence paid by the Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty (30)continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave leave, or any other benefits under any provisions of the Collective Agreement or shall be suspended for the period of the absence in excess of thirty (30)continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, the employee will be con- ditional on his supplying when requested a certificate from a physician becomeresponsible for full paymentof any subsidized employee benefits inwhich is participatingfor period of absence, except that the Hospital will continue to pay its share of the premiums up to eighteen months while an employee has recovered from the sickness which caused his is in receipt of benefits. Notwithstandingthis provision, service shall accruefor a periodof fifteen weeks an employee's absence is due to a disability resulting in It is further understood that during such unpaid absence. a current basis and revised every January and July. The starting date of full-time employees, with credit for seniority adjusted if required under this collective agreement, shall be shown on the full-time list and the number of hours worked by part-time employees, seniority adjusted required under this collective agreement, shall be shown on the part-time list. For purposes of articles and where the for purposesof promotion, demotion, permanent transfer, transfer or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for period of eighteen (18) months if an employee's absence is due to disability resulting in benefits, or recall benefits, or for a period of one year an employee's unpaid absence is due to an illness. Where a permanentvacancy occurs ina classificationwithin the bargaining unit or a new positionwithin the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven (7) consecutive calendar days. Applications for such vacancy shall be made in writing within the seven day period referred to herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three (3)consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three day period referred to herein. In of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the The name of the successful applicant will be posted on the bulletin board for a period of seven calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to inthis Article, employees in other bargaining units at the Hospital will be considered for such positions prior to considering persons not employed by the Hospital. The employees for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a fulltrial period of up to thirty days, during which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of seniority. The vacancy resulting from posting may be filled on a temporary basis until the trial period is completed. A list of vacancies filled in the preceding month under this Article and the names of the successful applicants will be posted, with a copy provided to the union. Each postingwill contain the Department, job title, involvedand rate of pay. Applicants may apply in writing to the Personnel Office. Where there are no successfulapplicants, an employee may be hiredfrom outsidethe bargaining unit. The Employer shall have the right to fill any job opening on a temporary basis. For clarificationit is understoodthat bothfull-time job, the Home will limit its consideration to employees on the seniority list before it considers and part-time employees. Part-time employees who are laid off timeemployees may apply for vacancies in either bargaining unit and appointment shall not displace full-time employeesmade of the senior applicant able to meet the normal requirementsof the job regardless of the bargaining unit from which the individual comes.

Loss of. An employee shall lose all seniority and her employment shall be deemed to be terminated if she: voluntarily resigns, retirees or is service rights they quit their employment; they are discharged for just causeproper cause and not reinstated through the grievance procedure; an employee with less than five (5) years’ seniority is laid off for a period in excess of one (1) year; an employee with five (5) years or more of seniority is absent from laid off for a period in excess of two (2) years; a person on layoff fails to to work more that twenty-four within five (245) months working days the Company’s notice of is sent by reason registered mail or telegram to the last address of illness other physical disability; or the person shown on Human Resources Office records or, if the person within three (3) working days after such notice of recall is so sent fails to notify the Human Resources of intention to return to work. The provisions may be waived by the Human Resources Manager in writing if the person furnishes reasons satisfactory to the Human Resources Manager for such failure on their part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority in tact when employment for which they are available and for which they have the necessary seniority is available. an employee fails to return to work promptly after the expiration of any leave granted to them, unless they furnish reasons satisfactory to the Company. an employee is absent from work without a reasonable excuse reason satisfactory to the Company. It shall be the duty of the employee or laid off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid off person should fail to do this, the Company will not be responsible for more than three (3) consecutive days for the failure of a notice to reach them and any notice sent by the Company by registered mail to the address which she scheduled to workappears on the Company’s personnel records, or is absent from work for more than thirty (30) months by reason of lay-off, or is absent from work for more than thirty (30) months by reason of absence while telephoned to the telephone number which appears on Employees who are on leave of absence will not engage gainful employment on such leave and if an employee does engage gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer. The Union and the Employer agree to abide by the Human Rights Code. The Employer will notify the employee when his or her benefits will cease. An employee's return to work after sick leave will be con- ditional on his supplying when requested a certificate from a physician that the employee has recovered from the sickness which caused his absence. a current basis and revised every January and July. The starting date of full-time employees, with seniority adjusted if required under this collective agreementCompany’s records, shall be shown on conclusively deemed to have been received by the full-time list and the number of hours worked by part-time employees, seniority adjusted required under this collective agreement, shall be shown on the part-time list. For purposes of articles and where the promotion, demotion, permanent transfer, lay-off employee or recall is to or from a full-time job, the Home will limit its consideration to employees on the seniority list before it considers part-time employees. Part-time employees who are laid off shall not displace full-time employeesperson.