Common use of NOTICE OR PAY IN LIEU OF NOTICE Clause in Contracts

NOTICE OR PAY IN LIEU OF NOTICE. 1. The Employer shall not terminate an employee without giving the employee, in writing, at least; (a) Two (2) weeks’ notice where the employee has completed a period of employment of at least six (6) consecutive months, and, (b) After the completion of a period of employment of three (3) consecutive years, one (1) additional weeks’ notice, and for each subsequent completed year of employment, an additional week’s notice up to a maximum of eight (8) weeks’ notice. 2. The period of notice shall not coincide with an employee’s annual vacation. 3. When an Employer terminates an employee and fails to comply with (1) of this Section the Employer shall pay the employee severance pay equal to the period of notice required. 4. Payment under (3) of this Section does not relieve the Employer from making any other payment to which the employee is entitled to under the Employment Standards Act. 5. The above (1), (2), (3), and (4) do not apply to (a) An employee discharged for cause (b) An employee employed under an arrangement by which the Employer may request the employee to come to work at any time for a temporary period and by which the employee has the option of accepting or rejecting one or more of the temporary periods. (c) An employee employed (i) For a definite term, or (ii) Or specific work to be completed in a period not exceeding twelve (12) months. (d) An employee who has been offered and who has refused reasonable alternative employment by his Employer, and (e) An employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance. 6. The Employer agrees to give full-time employees one (1) weeks’ notice in writing prior to layoff. Such notice shall not be required in cases of layoffs due to fire, flood or other cases of force majeure. 7. Full-time employees reduced to part-time who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice they were entitled to immediately prior to the date of their reduction to part-time, unless terminated for and guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave except where the employee has a bona fide reason for such absence. 8. A copy of notice of dismissal or layoff of full-time employees who have been employed more than four (4) calendar months shall be forwarded to the Union office at the date of giving such notice to the employee concerned.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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NOTICE OR PAY IN LIEU OF NOTICE. 1. The Employer 13.01 Commencing after four (4) months from date of employment, full-time employees when terminated by the Employer, unless guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave unless having a bona fide reason for such absence, shall not terminate an employee without giving the employee, receive notice in writing, at least; writing or pay in lieu of notice as follows: - After four (a4) Two months and up to two (2) weeks’ notice where years of continuous service - From two (2) years up to five (5) years' continuous service - More than five (5) years' continuous service 13.02 This Section shall not invalidate an employee's right to process his or her termination and to be reinstated as set out in Section 17, providing the employee has completed a period of employment of at least six (6) consecutive months, and, (b) After the completion of a period of employment of three (3) consecutive years, one (1) additional weeks’ notice, and for each subsequent completed year of employment, an additional week’s notice up to a maximum of eight (8) weeks’ notice. 2. The period of notice shall not coincide with an employee’s annual vacation. 3. When an Employer terminates an employee and fails to comply with (1) of this Section been employed by the Employer shall pay the employee severance pay equal to the period of notice required. 4. Payment under (3) of this Section does not relieve the Employer from making any other payment to which the employee is entitled to under the Employment Standards Act. 5. The above (1), (2), (3), and for more than four (4) do not apply to calendar months or five hundred (a500) An employee discharged for cause (b) An employee employed under an arrangement by which the Employer may request the employee to come to work at any time for a temporary period and by which the employee has the option of accepting or rejecting one or more of the temporary periodshours whichever is greater. (c) An employee employed (i) For a definite term, or (ii) Or specific work to be completed in a period not exceeding twelve (12) months. (d) An employee who has been offered and who has refused reasonable alternative employment by his Employer, and (e) An employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance. 6. 13.03 The Employer agrees to give full-time employees one (1) weeks’ week's notice in writing prior to layoff. Such notice shall not be required in cases of layoffs due to fire, flood or other cases of force majeure. 7. 13.04 Full-time employees reduced to part-time who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice they were entitled to immediately prior to the date of their reduction to part-time, unless terminated for and guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave except where the employee has a bona fide reason for such absence. 8. 13.05 A copy of notice of dismissal or layoff of full-time employees who have been employed more than four (4) calendar months shall be forwarded to the Union office at the date of giving such notice to the employee concerned.four

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

NOTICE OR PAY IN LIEU OF NOTICE. 1. The Employer 13.01 Commencing after four (4) months from date of employment, full-time employees when terminated by the Employer, unless guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave unless having a bona fide reason for such absence, shall not terminate an employee without giving the employee, receive notice in writing, at least; writing or pay in lieu of notice as follows: - After four (a4) Two months and up to two (2) weeks’ notice where years of continuous service - From two (2) years up to five (5) years' continuous service - More than five (5) years' continuous service 13.02 This Section shall not invalidate an employee's right to process his or her termination and to be reinstated as set out in Section 17, providing the employee has completed a period of employment of at least six (6) consecutive months, and, (b) After the completion of a period of employment of three (3) consecutive years, one (1) additional weeks’ notice, and for each subsequent completed year of employment, an additional week’s notice up to a maximum of eight (8) weeks’ notice. 2. The period of notice shall not coincide with an employee’s annual vacation. 3. When an Employer terminates an employee and fails to comply with (1) of this Section been employed by the Employer shall pay the employee severance pay equal to the period of notice required. 4. Payment under (3) of this Section does not relieve the Employer from making any other payment to which the employee is entitled to under the Employment Standards Act. 5. The above (1), (2), (3), and four (4) do not apply to (a) An employee discharged for cause (b) An employee employed under an arrangement by which the Employer may request the employee to come to work at any time for a temporary period and by which the employee has the option of accepting calendar months or rejecting one or more of the temporary periodsmore. (c) An employee employed (i) For a definite term, or (ii) Or specific work to be completed in a period not exceeding twelve (12) months. (d) An employee who has been offered and who has refused reasonable alternative employment by his Employer, and (e) An employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance. 6. 13.03 The Employer agrees to give full-time employees one (1) weeks’ week's notice in writing prior to layoff. Such notice shall not be required in cases of layoffs due to fire, flood or other cases of force majeure. 7. 13.04 Full-time employees reduced to part-time who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice they were entitled to immediately prior to the date of their reduction to part-time, unless terminated for and guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave except where the employee has a bona fide reason for such absence. 8. 13.05 A copy of notice of dismissal or layoff of full-time employees who have been employed more than four (4) calendar months shall be forwarded to the Union office at the date of giving such notice to the employee concerned.four

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

NOTICE OR PAY IN LIEU OF NOTICE. 1. The Employer shall not terminate an employee without giving the employee, in writing, at least; (a) Two Commencing after thirty (30) calendar days from date of employment, full-time employees when terminated by the Employer, unless guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without leave unless having a bona fide reason for such absence, shall receive notice in writing or pay in lieu of notice as follows: After first thirty (30) calendar days up to two (2) weeks’ notice where the employee has completed a period years of employment of at least six (6) consecutive months, and, (b) After the completion of a period of employment of three (3) consecutive yearscontinuous service, one (1) additional weeks’ noticeweek's notice in writing or one (1) week's wages in lieu thereof. More than two (2) years continuous service, and one (1) week's notice in writing or one (1) week's wages in lieu thereof for each subsequent completed every year of employment, an additional week’s notice up full-time service to a maximum of eight (8) weeks’ notice. 2. The period of notice shall not coincide with an employee’s annual vacation. 3. When an Employer terminates an employee and fails to comply with (1) of this Section the Employer shall pay the employee severance pay equal to the period of notice required. 4. Payment under (3) of this Section does not relieve the Employer from making any other payment to which the employee is entitled to under the Employment Standards Act. 5. The above (1), (2), (3), and (4) do not apply to (a) An employee discharged for cause (b) An employee employed under This Section shall not invalidate an arrangement by which the Employer may request the employee employee's right to come process his or her termination and to work at any time for a temporary period and by which be reinstated as set out in Section 15, providing the employee has been employed by the option of accepting Employer thirty (30) calendar days or rejecting one or more of the temporary periodsmore. (c) An employee employed (i) For a definite term, or (ii) Or specific work to be completed in a period not exceeding twelve (12) months. (d) An employee who has been offered and who has refused reasonable alternative employment by his Employer, and (e) An employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance. 6. The Employer agrees to give full-time employees one (1) weeks’ notice in writing prior to layoff. Such notice shall not be required in cases of layoffs due to fire, flood or other cases of force majeure. 7. Full-time employees reduced to part-time who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice they were entitled to immediately prior to the date of their reduction to part-time, unless terminated for and guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave leave except where the employee has a bona fide reason for such absence. 8. (d) A copy of notice of dismissal or layoff of full-time employees who have been employed more than four thirty (430) calendar months days shall be forwarded to the Union office at the date of giving such notice to the employee concerned.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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NOTICE OR PAY IN LIEU OF NOTICE. 1. The Employer shall not terminate an employee without giving the employee, in writing, at least; (a) Two After three (3) consecutive months of employment, the Employer becomes liable to pay an employee an amount equal to one (1) week’s wages as compensation for length of service upon termination of employment. (b) The Employer’s liability for compensation for length of service increases as follows: 1. after twelve (12) consecutive months of employment, to an amount equal to two (2) weeks’ notice where the employee has completed a period of employment of at least six (6) consecutive months, and,wages; (b) After the completion of a period of employment of 2. after three (3) consecutive yearsyears of employment, to an amount equal to three (3) weeks’ wages plus one (1) additional weeks’ notice, and week’s wages for each subsequent completed additional year of employment, an additional week’s notice up to a maximum of eight (8) 8 weeks’ notice. 2. The period of notice shall not coincide with an employee’s annual vacation. 3. When an Employer terminates an employee and fails to comply with (1) of this Section the Employer shall pay the employee severance pay equal to the period of notice required. 4. Payment under (3) of this Section does not relieve the Employer from making any other payment to which the employee is entitled to under the Employment Standards Act. 5. The above (1), (2), (3), and (4) do not apply to (a) An employee discharged for cause (b) An employee employed under an arrangement by which the Employer may request the employee to come to work at any time for a temporary period and by which the employee has the option of accepting or rejecting one or more of the temporary periodswages. (c) An employee employed (i) For a definite term, or (ii) Or specific work This Section shall not invalidate an employee's right to process his or her termination and to be reinstated as set out in Section 17, providing the employee has completed in a period not exceeding twelve (12) monthsthe probationary period. (d) An employee who has been offered and who has refused reasonable alternative employment by his Employer, and (e) An employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance. 6. The Employer Co-operative agrees to give full-time all employees one (1) weeks’ week's notice in writing prior to layoff. Such notice shall not be required in cases of layoffs due to fire, flood or other cases of force majeure. 7. (e) Full-time employees reduced to part-time who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice they were entitled to immediately prior to the date of their reduction to part-time, unless terminated for and guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave except where the employee has a bona fide reason for such absence, or other instances of just cause. 8. (f) A copy of notice of dismissal or layoff of full-time employees who have been employed more than four (4) calendar months shall be forwarded to the Union office at the date of giving such notice to the employee concerned.four

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

NOTICE OR PAY IN LIEU OF NOTICE. 1. The Employer shall not terminate an employee without giving the employee, in writing, at least; (a) Two Commencing after thirty (30) calendar days from date of employment, full-time employees when terminated by the Co-operative, unless guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without leave unless having a bona fide reason for such absence, shall receive notice in writing or pay in lieu of notice as follows: After first thirty (30) calendar days up to two (2) weeks’ notice where the employee has completed a period years of employment of at least six (6) consecutive months, and, (b) After the completion of a period of employment of three (3) consecutive yearscontinuous service, one (1) additional weeks’ notice, and for each subsequent completed year of employment, an additional week’s 's notice up to a maximum of eight (8) weeks’ notice. 2. The period of notice shall not coincide with an employee’s annual vacation. 3. When an Employer terminates an employee and fails to comply with in writing or one (1) of this Section the Employer shall pay the employee severance pay equal to the period of notice required. 4week's wages in lieu thereof. Payment under (3) of this Section does not relieve the Employer from making any other payment to which the employee is entitled to under the Employment Standards Act. 5. The above (1), From two (2)) years up to five (5) years continuous service, two (3)2) weeks' notice in writing or two (2) weeks' wages in lieu thereof. More than five (5) years continuous service, and four (4) do not apply to weeks' notice in writing or four (a4) An employee discharged for causeweeks' wages in lieu thereof. (b) An employee employed under This section shall not invalidate an arrangement by which the Employer may request the employee employee's right to come process his or her termination and to work at any time for a temporary period and by which be reinstated as set out in Section 17, providing the employee has been employed by the option of accepting Co-operative thirty (30) calendar days or rejecting one or more of the temporary periodsmore. (c) An employee employed (i) For a definite term, or (ii) Or specific work to be completed in a period not exceeding twelve (12) months. (d) An employee who has been offered and who has refused reasonable alternative employment by his Employer, and (e) An employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance. 6. The Employer Co-operative agrees to give full-time employees one (1) weeks’ week's notice in writing prior to layoff. Such notice shall not be required in cases of layoffs due to fire, flood or other cases of force majeure. 7. (d) Full-time employees reduced to part-time who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice they were entitled to immediately prior to the date of their reduction to part-time, unless terminated for and guilty of rank insubordination, dishonesty, drunkenness, obvious disloyalty or absence without Leave leave except where the employee has a bona fide reason for such absence. 8. (e) A copy of notice of dismissal or layoff of full-time employees who have been employed more than four (4) calendar months shall be forwarded to the Union office at the date of giving such notice to the employee concerned.thirty

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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