Common use of Rights of Employees Receiving Notice of Layoff of Displacement Clause in Contracts

Rights of Employees Receiving Notice of Layoff of Displacement. An employee who is laid off shall have the right to either: (a) accept the layoff and work the notice period; or (b) displace an employee who has lesser bargaining unit seniority, is the least senior employee in that job, and whose job is in the same or a lower job class provided that the employee subject to the layoff has the skills, ability and competence to perform the job and provided that the candidate meets the minimum recruitment standards established for the position as applied in Article 10. 3 a). An employee may displace both partners in a job sharing arrangement, if the employee is senior to both partners, or one partner, if the employee is senior to that partner. Any employee so displaced shall be deemed to have been laid off, and shall thereupon be entitled to all rights and privileges as set out in this Article. (c) elect to provide written notice of acceptance of the layoff to the Employer within seven (7) days of receipt of the notice of layoff, and receive the greater of: i) pay in lieu of notice as required by the Employment Standards Act; or ii) pay in lieu of notice as required by the Collective Agreement; and any severance pay required by the Employment Standards Act. An employee who accepts pay in lieu of notice shall relinquish all rights to recall and notice of job vacancies under this Article.

Rights of Employees Receiving Notice of Layoff of Displacement. An employee who is laid off shall have the right to either: (a) accept the layoff and work the notice period; or (b) displace an employee who has lesser bargaining unit seniority, is the least senior employee in that job, and whose job is in the same or a lower job class provided that the employee subject to the layoff has the skills, ability and competence to perform the job and provided that the candidate meets the minimum recruitment standards established for the position as applied in Article 10. 3 a10.3a). An employee may displace both partners in a job sharing arrangement, if the employee is senior to both partners, or one partner, if the employee is senior to that partner. Any employee so displaced shall be deemed to have been laid off, and shall thereupon be entitled to all rights and privileges as set out in this Article. (c) elect to provide written notice of acceptance of the layoff to the Employer within seven (7) days of receipt of the notice of layoff, and receive the greater of: i) pay in lieu of notice as required by the Employment Standards Act; or ii) pay in lieu of notice as required by the Collective Agreement; and any severance pay required by the Employment Standards Act. An employee who accepts pay in lieu of notice shall relinquish all rights to recall and notice of job vacancies under this Article.