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Common use of Seniority and Service Clause in Contracts

Seniority and Service. 9.01 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions, the Employer will use its best efforts to ensure retention of all seniority rights of its Employees with the successor Employer. (a) For all provisions of this Agreement, seniority shall commence and accumulate from the date on which an Employee was first employed by the Employer. (b) Seniority for full-time Employees will be from date of hire and seniority for part-time Employees and casual hourly rated Employees will appear on the basis of hours paid. (c) There will be two (2) separate seniority lists for 1) full-time Employees, 2) regular part-time Employees (including job sharers) and casual Employees. Such seniority list will show each Employee’s name and professional category and shall be posted electronically on the Southwest CCAC Intranet by February 1 and September 1 of each year. At the time of posting, an electronic copy shall also be forwarded to the Bargaining Unit President or her designate. Any objection by an Employee to the accuracy of his or her seniority must be made in writing to the Senior Director of Human Resources or designate within thirty (30) days of the date of the lists or within thirty (30) days of the time the list ought reasonably to have come to the attention of the member. 9.03 An Employee's full seniority and service shall be retained by the Employee in the event that the Employee is transferred from full-time to part-time or casual hourly- rated or vice versa. An Employee whose status is changed from full-time to part-time or casual hourly-rated shall receive credit for her full seniority and service on the basis of fifteen hundred (1500) hours service. An Employee whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full-time, as may be the case, shall receive credit for her full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be pro rated at the time of transfer. 9.04 Seniority shall be retained but not accumulated when an Employee is laid off due to a reduction in the staff, seniority shall be retained for a period of two (2) years. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act. 9.05 Seniority shall be lost and the Employee shall cease to be employed when an Employee is absent from work under the following circumstances: (a) resignation; (b) discharged for just cause and is not reinstated; (c) absent from work for more than three (3) consecutive working days without notifying the Senior Director Human Resources or designate except in cases of emergency; (d) is laid off and not recalled to work within a period of two (2) years from date of layoff, or after having been laid off for less than two (2) years fails to return to work within five (5) days after Notice of Recall has been sent to her by the Employer by registered mail to the last address of the Employee of which the Employer has a record; (e) frustration of employment contract. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Seniority and Service. 9.01 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions, the Employer will use its best efforts to ensure retention of all seniority rights of its Employees with the successor Employer. (a) For all provisions of this Agreement, seniority shall commence and accumulate from the date on which an Employee was first employed by the Employer. (b) Seniority for full-time Employees will be from date of hire and seniority for part-time Employees and casual hourly rated Employees will appear on the basis of hours paid. (c) There will be two (2) separate seniority lists for 1) full-time Employees, 2) regular part-time Employees (including job sharers) and casual Employees. Such seniority list will show each Employee’s name and professional category and shall be posted electronically on the Southwest CCAC LHIN Intranet by February 1 and September 1 of each year. At the time of posting, an electronic copy shall also be forwarded to the Bargaining Unit President or her their designate. Any objection by an Employee to the accuracy of his or her their seniority must be made in writing to the Senior Director of Vice-President, Human Resources or designate within thirty (30) days of the date of the lists or within thirty (30) days of the time the list ought reasonably to have come to the attention of the member. 9.03 An Employee's full seniority and service shall be retained by the Employee in the event that the Employee is transferred from full-time to part-time or casual hourly- hourly-rated or vice versa. An Employee whose status is changed from full-time to part-time or casual hourly-rated shall receive credit for her their full seniority and service on the basis of fifteen hundred (1500) hours service. An Employee whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full-time, as may be the case, shall receive credit for her their full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be pro rated at the time of transfer. 9.04 Seniority shall be retained but not accumulated when an Employee is laid off due to a reduction in the staff, seniority shall be retained for a period of two (2) years. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act. 9.05 Seniority shall be lost and the Employee shall cease to be employed when an Employee is absent from work under the following circumstances: (a) resignation; (b) discharged for just cause and is not reinstated; (c) absent from work for more than three (3) consecutive working days without notifying the Senior Director Vice-President, Human Resources or designate except in cases of emergency; (d) is laid off and not recalled to work within a period of two (2) years from date of layoff, or after having been laid off for less than two (2) years fails to return to work within five (5) days after Notice of Recall has been sent to her them by the Employer by registered mail to the last address of the Employee of which the Employer has a record; (e) frustration of employment contract. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Seniority and Service. 9.01 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions, the Employer will use its best efforts to ensure retention of all seniority rights of its Employees with the successor Employer. (a) For all provisions of this Agreement, seniority shall commence and accumulate from the date on which an Employee was first employed by the Employer. (b) Seniority for full-time Employees will be from date of hire and seniority for part-time Employees and casual hourly rated Employees will appear on the basis of hours paid. (c) There will be two (2) separate seniority lists for 1) full-time Employees, 2) regular part-time Employees (including job sharers) and casual Employees. Such seniority list will show each Employee’s name and professional category and shall be posted electronically on the Southwest CCAC LHIN Intranet by February 1 and September 1 of each year. At the time of posting, an electronic copy shall also be forwarded to the Bargaining Unit President or her designate. Any objection by an Employee to the accuracy of his or her seniority must be made in writing to the Senior Director of Human Resources or designate within thirty (30) days of the date of the lists or within thirty (30) days of the time the list ought reasonably to have come to the attention of the member. 9.03 An Employee's full seniority and service shall be retained by the Employee in the event that the Employee is transferred from full-time to part-time or casual hourly- rated or vice versa. An Employee whose status is changed from full-time to part-time or casual hourly-hourly- rated shall receive credit for her full seniority and service on the basis of fifteen hundred (1500) hours service. An Employee whose status is changed from casual hourly-rated to part-time or full-full- time, or part-time to full-time, as may be the case, shall receive credit for her full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be pro rated at the time of transfer. 9.04 Seniority shall be retained but not accumulated when an Employee is laid off due to a reduction in the staff, seniority shall be retained for a period of two (2) years. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act. 9.05 Seniority shall be lost and the Employee shall cease to be employed when an Employee is absent from work under the following circumstances: (a) resignation; (b) discharged for just cause and is not reinstated; (c) absent from work for more than three (3) consecutive working days without notifying the Senior Director Human Resources or designate except in cases of emergency; (d) is laid off and not recalled to work within a period of two (2) years from date of layoff, or after having been laid off for less than two (2) years fails to return to work within five (5) days after Notice of Recall has been sent to her by the Employer by registered mail to the last address of the Employee of which the Employer has a record; (e) frustration of employment contract. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act.

Appears in 1 contract

Samples: Collective Agreement

Seniority and Service. 9.01 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions, the Employer will use its best efforts to ensure retention of all seniority rights of its Employees with the successor Employer. (a) For all provisions of this Agreement, seniority shall commence and accumulate from the date on which an Employee was first employed by the Employer.Employer.‌‌‌‌‌ (b) Seniority for full-time Employees will be from date of hire and seniority for part-time Employees and casual hourly rated Employees will appear on the basis of hours paid. (c) There will be two (2) separate seniority lists for 1) full-time Employees, 2) regular part-time Employees (including job sharers) and casual Employees. Such seniority list will show each Employee’s name and professional category and shall be posted electronically on the Southwest CCAC Intranet by February 1 and September 1 of each year. At the time of posting, an electronic copy shall also be forwarded to the Bargaining Unit President or her designate. Any objection by an Employee to the accuracy of his or her seniority must be made in writing to the Senior Director of Human Resources or designate within thirty (30) days of the date of the lists or within thirty (30) days of the time the list ought reasonably to have come to the attention of the member. 9.03 An Employee's full seniority and service shall be retained by the Employee in the event that the Employee is transferred from full-time to part-time or casual hourly- rated or vice versa. An Employee whose status is changed from full-time to part-time or casual hourly-rated shall receive credit for her full seniority and service on the basis of fifteen hundred (1500) hours service. An Employee whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full-time, as may be the case, shall receive credit for her full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be pro rated at the time of transfer. 9.04 Seniority shall be retained but not accumulated when an Employee is laid off due to a reduction in the staff, seniority shall be retained for a period of two (2) years. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act. 9.05 Seniority shall be lost and the Employee shall cease to be employed when an Employee is absent from work under the following circumstances: (a) resignation; (b) discharged for just cause and is not reinstated; (c) absent from work for more than three (3) consecutive working days without notifying the Senior Director Human Resources or designate except in cases of emergency; (d) is laid off and not recalled to work within a period of two (2) years from date of layoff, or after having been laid off for less than two (2) years fails to return to work within five (5) days after Notice of Recall has been sent to her by the Employer by registered mail to the last address of the Employee of which the Employer has a record; (e) frustration of employment contract. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act.

Appears in 1 contract

Samples: Collective Agreement

Seniority and Service. 9.01 In (a) Subject to clause 20.03, a seniority date shall be established upon successful completion of the event probationary period as defined in Article 4 for each permanent employee who works full-time hours on a continuous basis and shall accrue from the date of hire. Seniority shall accrue on a calendar year basis to a maximum of twelve (12) months accumulation in any one calendar year. 20.01 (b) Subject to clause 20.03, all employees other than those covered under 20.01(a) shall have seniority established upon successful completion of the probationary period. Seniority shall accrue from the date of hire on a service-based method (aggregate hours paid). Seniority shall be accumulated based on a calculation of two thousand and eighty (2,080) regular hours paid equals one (1) year for a forty (40) hour work-week classification; one thousand eight hundred and twenty (1,820) regular hours paid equals one (1) year for a thirty-five (35) hour work-week classification, to a maximum accumulation of 2080/1820 hours per calendar year. 20.02 Seniority and service as recognized or accrued in any Local 79 City of Toronto Collective Agreement will be recognized in this Collective Agreement. 20.03 An employee shall lose all seniority and service if: (i) he/she voluntarily terminates his/her employment subject to the right to rescind in 20.04; (ii) he/she is discharged for reasonable cause; (iii) he/she is absent without notice or without providing a satisfactory reason to the City in excess of seven (7) calendar days from the commencement of absence; (iv) he/she fails to report for work within ten (10) working days from the date he/she is recalled to work under Article 35. (v) he/she is not recalled to work within twenty-four (24) months of the date of his/her layoff from work pursuant to clause 35.03(b) and 35.14(a). 20.04 An employee who resigns shall have the right to rescind his/her resignation, provided that he/she notifies his/her immediate supervisor in writing, with a copy to the Employer shall mergeDivision Head concerned, amalgamate or combine any within five (5) working days of its operations or functionsthe date on which he/she tenders his/her resignation. Upon receipt of such notification by the employee‘s supervisor, the Employer will use its best efforts employee shall be reinstated to ensure retention his/her former position upon the commencement of his/her next scheduled shift. It is understood that such time off shall be without pay, but with seniority and benefits. 20.05 The City shall maintain a seniority list of all seniority rights employees coming within Local 79. An up-to-date copy of its Employees with the successor Employersuch list shall be forwarded electronically to Local 79 in January, April, July and October of each year. (a) For all provisions of this An employee covered by the Long Term Care Homes and Services Part-Time Collective Agreement, the Unit B Part-Time Collective Agreement or the Recreation Workers Part-Time Collective Agreement, as the case may be, who is appointed or promoted to a temporary or permanent position covered by this Collective Agreement, shall carry with him/her such accrued seniority shall commence and accumulate from service as was calculated, defined and prescribed in the date on which an Employee was first employed by Collective Agreement covering the EmployerLong Term Care Homes and Services Part-Time Collective Agreement, the Unit B Part-Time Collective Agreement or the Recreation Workers Part-Time Collective Agreement, as the case may be. (b) Seniority for fullThe treatment of such seniority (conversion of seniority hours to a seniority date) shall be as set out in the relevant clauses of the three above-mentioned Collective Agreements - Long Term Care Homes and Services Part-Time – clause 17.05; Unit B Part-time Employees will be from date of hire – clause 13.02 and seniority for partRecreation Workers Part-time Employees and casual hourly rated Employees will appear on the basis of hours paid– clause 30.01(b). (c) There will be two (2) separate seniority lists for 1) full-time Employees, 2) regular part-time Employees (including job sharers) and casual Employees. Such seniority list will show each Employee’s name and professional category and shall be posted electronically on the Southwest CCAC Intranet by February 1 and September 1 of each year. At the time of posting, an electronic copy shall also be forwarded to the Bargaining Unit President or her designate. Any objection by an Employee to the accuracy of his or her seniority must be made in writing to the Senior Director of Human Resources or designate within thirty (30) days of the date of the lists or within thirty (30) days of the time the list ought reasonably to have come to the attention of the member. 9.03 An Employee's full seniority and service shall be retained by the Employee in the event that the Employee is transferred from full-time to part-time or casual hourly- rated or vice versa. An Employee whose status is changed from full-time to part-time or casual hourly-rated shall receive credit for her full seniority and service on the basis of fifteen hundred (1500) hours service. An Employee whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full-time, as may be the case, shall receive credit for her full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be pro rated at the time of transfer. 9.04 Seniority shall be retained but not accumulated when an Employee is laid off due to a reduction in the staff, seniority shall be retained for a period of two (2) years. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act. 9.05 Seniority shall be lost and the Employee shall cease to be employed when an Employee is absent from work under the following circumstances: (a) resignation; (b) discharged for just cause and is not reinstated; (c) absent from work for more than three (3) consecutive working days without notifying the Senior Director Human Resources or designate except in cases of emergency; (d) is laid off and not recalled to work within a period of two (2) years from date of layoff, or after having been laid off for less than two (2) years fails to return to work within five (5) days after Notice of Recall has been sent to her by the Employer by registered mail to the last address of the Employee of which the Employer has a record; (e) frustration of employment contract. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act.

Appears in 1 contract

Samples: Collective Agreement

Seniority and Service. 9.01 In (a) Subject to clause 20.03, a seniority date shall be established upon successful completion of the event probationary period as defined in Article 4 for each permanent employee who works full-time hours on a continuous basis and shall accrue from the date of hire. Seniority shall accrue on a calendar year basis to a maximum of twelve (12) months accumulation in any one calendar year. 20.01 (b) Subject to clause 20.03, all employees other than those covered under 20.01(a) shall have seniority established upon successful completion of the probationary period. Seniority shall accrue from the date of hire on a service-based method (aggregate hours paid). Seniority shall be accumulated based on a calculation of two thousand and eighty (2,080) regular hours paid equals one (1) year for a forty (40) hour work-week classification; one thousand eight hundred and twenty (1,820) regular hours paid equals one (1) year for a thirty-five (35) hour work-week classification, to a maximum accumulation of 2080/1820 hours per calendar year. 20.02 Seniority and service as recognized or accrued in any Local 79 City of Toronto Collective Agreement will be recognized in this Collective Agreement. 20.03 An employee shall lose all seniority and service if: (i) he/she voluntarily terminates his/her employment subject to the right to rescind in 20.04; (ii) he/she is discharged for reasonable cause; (iii) he/she is absent without notice or without providing a satisfactory reason to the City in excess of seven (7) calendar days from the commencement of absence; (iv) he/she fails to report for work within ten (10) working days from the date he/she is recalled to work under Article 35. (v) he/she is not recalled to work within twenty-four (24) months of the date of his/her layoff from work pursuant to clause 35.03(b) and 35.14(a). 20.04 An employee who resigns shall have the right to rescind his/her resignation, provided that he/she notifies his/her immediate supervisor in writing, with a copy to the Employer shall mergeDivision Head concerned, amalgamate or combine any within five (5) working days of its operations or functionsthe date on which he/she tenders his/her resignation. Upon receipt of such notification by the employee’s supervisor, the Employer will use its best efforts employee shall be reinstated to ensure retention his/her former position upon the commencement of his/her next scheduled shift. It is understood that such time off shall be without pay, but with seniority and benefits. 20.05 The City shall maintain a seniority list of all seniority rights employees coming within Local 79. An up-to-date copy of its Employees with the successor Employersuch list shall be forwarded electronically to Local 79 in January, April, July and October of each year. (a) For all provisions of this An employee covered by the Long Term Care Homes and Services Part-Time Collective Agreement, the Unit B Part-Time Collective Agreement or the Recreation Workers Part-Time Collective Agreement, as the case may be, who is appointed or promoted to a temporary or permanent position covered by this Collective Agreement, shall carry with him/her such accrued seniority shall commence and accumulate from service as was calculated, defined and prescribed in the date on which an Employee was first employed by Collective Agreement covering the EmployerLong Term Care Homes and Services Part-Time Collective Agreement, the Unit B Part-Time Collective Agreement or the Recreation Workers Part-Time Collective Agreement, as the case may be. (b) Seniority for fullThe treatment of such seniority (conversion of seniority hours to a seniority date) shall be as set out in the relevant clauses of the three above-mentioned Collective Agreements - Long Term Care Homes and Services Part-Time – clause 17.05; Unit B Part-time Employees will be from date of hire – clause 13.02 and seniority for partRecreation Workers Part-time Employees and casual hourly rated Employees will appear on the basis of hours paid– clause 30.01(b). (c) There will be two (2) separate seniority lists for 1) full-time Employees, 2) regular part-time Employees (including job sharers) and casual Employees. Such seniority list will show each Employee’s name and professional category and shall be posted electronically on the Southwest CCAC Intranet by February 1 and September 1 of each year. At the time of posting, an electronic copy shall also be forwarded to the Bargaining Unit President or her designate. Any objection by an Employee to the accuracy of his or her seniority must be made in writing to the Senior Director of Human Resources or designate within thirty (30) days of the date of the lists or within thirty (30) days of the time the list ought reasonably to have come to the attention of the member. 9.03 An Employee's full seniority and service shall be retained by the Employee in the event that the Employee is transferred from full-time to part-time or casual hourly- rated or vice versa. An Employee whose status is changed from full-time to part-time or casual hourly-rated shall receive credit for her full seniority and service on the basis of fifteen hundred (1500) hours service. An Employee whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full-time, as may be the case, shall receive credit for her full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be pro rated at the time of transfer. 9.04 Seniority shall be retained but not accumulated when an Employee is laid off due to a reduction in the staff, seniority shall be retained for a period of two (2) years. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act. 9.05 Seniority shall be lost and the Employee shall cease to be employed when an Employee is absent from work under the following circumstances: (a) resignation; (b) discharged for just cause and is not reinstated; (c) absent from work for more than three (3) consecutive working days without notifying the Senior Director Human Resources or designate except in cases of emergency; (d) is laid off and not recalled to work within a period of two (2) years from date of layoff, or after having been laid off for less than two (2) years fails to return to work within five (5) days after Notice of Recall has been sent to her by the Employer by registered mail to the last address of the Employee of which the Employer has a record; (e) frustration of employment contract. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act subject to the concept of frustration of contract as included in the termination and severance pay provisions of the Employment Standards Act.

Appears in 1 contract

Samples: Collective Agreement