Common use of Separation Pay Clause in Contracts

Separation Pay. 24.01 A regular employee shall be entitled to separation pay as set out in subsection .03 provided he/she has not (a) if he/she is terminated for a reason other than set out in subsection .02; (b) if he/she is laid off and on any date during his/her layoff the hours scheduled for him/her during the pre‑ vious twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she is not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she may request immedi‑ ate termination and separation pay, and with the con‑ xxxxxxxx of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she first becomes eligible therefor, otherwise his/her right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is entitled without waiting the six month’s period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she quits; (b) he/she is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ lective Agreement; (d) he/she has been terminated because of specific direc‑ tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Separation Pay. 24.01 A regular Full Time employee shall be entitled to separation separa- tion pay as set out in subsection .03 provided he/she has notthey have not been excluded by subsection .02 and provided they meet any of the following eligibility provisions: (a) if he/she is they are terminated for a reason other than set out in subsection .02; (b) if he/she is they are laid off and on any date during his/her layoff their lay- off the hours scheduled for him/her them during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she is they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she they may request immedi‑ ate termination immediate ter- mination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she is they are ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she they first becomes eligible therefor, otherwise his/her their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is they are entitled without waiting the six month’s period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she quitsthey quit; (b) he/she is they are terminated for just cause; (c) he/she is they are terminated under Section 6.07 of this Col‑ lective Collect- ive Agreement; (d) he/she has they have been terminated because of specific direc‑ direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ oper- ations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ rep- resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is they are laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ per- iod in lieu of his/her their layoff; (g) he/she is they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is they are entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ xxx- gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her their hourly rate in effect as of time of layoff) multiplied multi- plied by the number of his/her their completed years of seniority sen- iority (as used for vacation entitlement) as of the last day he/she they actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ em- ployee who applies for separation pay at the time he/ she they first becomes eligible therefore shall have his/ her separation their separ- ation pay under this part (b) calculated as Eight Hundred Hun- dred Dollars ($800.00) multiplied by his/ her their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ re- ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her their employment is terminated and his/her their seniority and other rights under the Collective Bar‑ Bar- gaining Agreement are cancelled.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Separation Pay. 24.01 A regular employee shall be entitled to separation separa- tion pay as set out in subsection .03 provided he/she has notnot been excluded by subsection .02 and provided he/she meets any of the following eligibility provisions: (a) if he/she is terminated for a reason other than set out in subsection .02; (b) if he/she is laid off and on any date during his/her layoff the hours scheduled for him/her during the pre‑ pre- vious twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she is not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concur- rence of the Company and the Union this may be granted xxxxx- xx notwithstanding the eligibility clause in (b) above; (d) if he/she is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she first becomes eligible therefor, otherwise his/her right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is entitled without waiting the six month’s period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she quits; (b) he/she is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ Col- lective Agreement; (d) he/she has been terminated because of specific direc‑ direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ oper- ations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ rep- resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ per- iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ xxx- gible employee shall be equal to: (a) two (2) one week’s base earnings (computed on the basis of his/his/ her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/he/ she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ em- ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ re- ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ Bar- gaining Agreement are cancelled.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Separation Pay. 24.01 (a) A regular core employee shall be entitled to separation pay as set out in subsection .03 “c” provided he/she has notthey have not been excluded by subsection “b” and provided they meet any of the following eligibility provisions: (ai) if he/she is they are terminated for a reason other than set out in subsection .02;“b”. (bii) if he/she is they are laid off and on any date during his/her their layoff the hours scheduled for him/her them during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) percent of normal full full-time hours provided he/she is they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (ciii) in special cases where a laid off employee appears appear to have little prospect of recall to regular work within a period of six months he/she they may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (bii) above; (div) if he/she is they are ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change; 10.10. An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she they first becomes become eligible therefortherefore, otherwise his/her their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is they are entitled without waiting the six month’s month period. Operation will be interpreted as meaning: 1. plant, branch or warehouse 2. department or part department in which ten (10) or more employees are permanently laid off. 24.02 (b) Notwithstanding subsection .01“a”, an employee shall be excluded from separation pay eligibility if: (ai) he/she quitsThey quit; (bii) he/she is They are terminated for just cause; (ciii) he/she is They are terminated under Section 6.07 5.03 (loss of seniority provision) of this Col‑ lective Collective Agreement;. (div) he/she has They have been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless (i1) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii2) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (ev) he/she has They have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (fvi) he/she is They are laid off and has have arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her their layoff; (gvii) he/she is They are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers Compensation Act; (hviii) he/she the employee is entitled to receive any full pension under the Company or Government Pension Plan. At no time will the number of weeks of separation pay exceed the number of weeks to an employee’s normal retirement date (NRD as of June 1st, 2014 age 65) and/or the date the employee has announced as their retirement date. 24.03 (c) The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (ai) two (2) one week’s base earnings (computed on the basis of his/her their hourly rate in effect as of time of layoff) multiplied by the number of his/her their completed years of seniority (as used for vacation entitlement) as of the last day he/she they actively worked in the Bargaining Unit, plus (bii) for employees classified as probationary or regular core employees prior to March 21July 22, 1988, an additional Four Hundred Dollars three hundred and seventy-five ($400.00375.00) dollars multiplied by his/ her their completed years of seniority used in (ai) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies for separation pay at the time he/ she they first becomes eligible therefore shall have his/ her their separation pay under this part (bii) calculated as Eight Hundred Dollars seven hundred and fifty ($800.00750.00) dollars multiplied by his/ her their completed years of seniority used in (ai) above to a maximum of 15 years. If there is a permanent closure of a brewery (or the complete retail and/or distribution operations of Brewers Retail) B.D.L. the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 (d) If an employee applies for and accepts a separation payment hereunder, his/her their employment is terminated and his/her their seniority and other rights under the Collective Bar‑ gaining Bargaining Agreement are cancelled.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Separation Pay. 24.01 23.01 A regular employee shall be entitled to separation pay as set out in subsection .03 23.03 provided he/she he has notnot been excluded by subsection 23.02 and provided he meets any of the following eligibility provisions: (a) a. if he/she he is terminated for a reason other than set out in subsection .02;23.02 (b) b. if he/she he is laid off and on any date during his/her his layoff the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of or normal full time hours provided he/she he is not eligible for any Company or of Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability disability Plans; (c) c. in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she he may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) d. if he/she he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change; . An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she he first becomes became eligible therefor, therefore otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she he is entitled without waiting the six month’s month period. 24.02 23.02 Notwithstanding subsection .0123.01, an en employee shall be excluded from separation pay eligibility if: (a) he/she a. he quits; (b) he/she b. he is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ lective Agreementc. where an employee loses his seniority; (d) he/she d. he has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless: (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesit’s representatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Provinceprovince; (e) he/she e. he has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she f. he is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her his layoff; (g) he/she g. he is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker’s Compensations Act; (h) he/she h. he is entitled to receive any pension under the Company or Government Pension Plan. 24.03 23.03 The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (a) two (2) a. one week’s base earnings (computed on the basis of his/her his hourly rate in effect as of time of layoff) multiplied by the number of his/her his completed years of seniority (as used for vacation entitlement) as of the last day he/she he actively worked in the Bargaining Unit, plus (b) b. for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Three Hundred and Seventy-five Dollars ($400.00375.00) multiplied by his/ her his completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies applied for separation pay at the time he/ she he first becomes eligible therefore therefor shall have his/ her his separation pay under this part (b) calculated as Eight Seven Hundred Dollars and Fifty ($800.00750.00) multiplied by his/ her his completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 23.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceivereceive. 24.05 23.05 If an employee applies for and accepts a separation payment hereunder, his/her his employment is terminated and his/her his seniority and other rights under the Collective Bar‑ gaining Bargaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Agreement

Separation Pay. 24.01 SECTION 13:01 A regular employee shall be entitled to separation pay as set out in subsection .03 13.03, provided he/she he has notnot been excluded by subsection 13.02 and provided he meets any of the following eligibility provisions: (a) A. if he/she he is terminated for a reason other than set out in subsection .0213.02; (b) B. if he/she he is laid off and and, on any date during his/her layoff his layoff, the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours hours, provided he/she he is not eligible for any Company or Government pension or for benefits under the Company’s 's insured Weekly Indemnity or Long Term Disability Plans; (c) C. in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she months, he may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) D. if he/she he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change12.02; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she he first becomes eligible therefortherefore, otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she he is entitled without waiting the six month’s months' period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she quits; (b) he/she is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ lective Agreement; (d) he/she has been terminated because of specific direc‑ tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Agreement

Separation Pay. 24.01 A regular employee shall be entitled to separation pay as set out in subsection .03 provided he/she he has notnot been excluded by subsection and provided he meets any of the following eligibility provisions: (a) if he/she he is terminated for a reason other than set out in subsection .02; (b) if he/she he is laid off and on any date during his/her his layoff the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she he is not eligible for any Company or Government pension or for benefits ben- efits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) ; in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she he may request immedi‑ ate termination immediate termi- nation and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding not- withstanding the eligibility clause in (b) above; (d) ; if he/she he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing concerning technological change; An employee eligible for a separation payment hereunder here- under must apply for it not later than six months after he/she he first becomes eligible therefor, otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result re- xxxx thereof must apply for and shall receive any separation sepa- ration pay to which he/she he is entitled without waiting the six month’s period. 24.02 . Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she he quits; (b) he/she ; he is terminated for just cause; (c) he/she ; he is terminated under Section 6.07 of this Col‑ lective Collective Agreement; (d) he/she ; he has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless (i) unless the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ rep- resentatives, or (ii) or the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Separation Pay. 24.01 A regular employee Pursuant to your Severance and Change in Control Agreement with the Company dated as of May 17, 2007 (the “Change in Control Agreement”) and your May 6, 2005 Offer Letter, as modified by the Change in Control Agreement, in exchange for the mutual promises set forth in this Agreement, the Company agrees to provide separation pay to you representing your salary for one year in the gross sum of Four Hundred and Seventy-Five Thousand Dollars ($475,000.00), less all applicable federal, state, local and other employment-related deductions (“Separation Pay”). The Separation Pay shall be entitled to separation pay as set out payable in subsection .03 provided he/she has not (a) if he/she is terminated for a reason other than set out in subsection .02; (b) if he/she is laid off and on any date during his/her layoff the hours scheduled for him/her during the pre‑ vious twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she is not eligible for any Company or Government pension or for benefits under accordance with the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where regular payroll practices for twelve months and such payments will be made on at least a laid off employee appears monthly basis. Provided you do not revoke this Agreement, which you are entitled to have little prospect of recall to regular work within a period of six months he/she may request immedi‑ ate termination and separation paydo, and with which is explained in Section 5 below, the con‑ xxxxxxxx first monthly installment of the Separation Pay shall be made in the first payroll period following the date this Agreement becomes effective, which is the eighth (8th) day after you execute this Agreement. However, because you are a “specified employee” of the Company and (within the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she is ultimately designated for indefinite lay off as a result meaning of a major technological change as provided in Section .02 409A of the Letter Internal Revenue Code of Understanding concern‑ ing technological change; An employee eligible for a separation payment hereunder must apply for it 1986, as amended, and any successor statute, regulation and guidance thereto (“Code Section 409A”)) as of your Separation Date, then limited only to the extent necessary to comply with the requirements of Code Section 409A, any payments to which you may become entitled under this Section 2(a) which are subject to Code Section 409A (and not later than six months after he/she otherwise exempt from its application) will be withheld until the first becomes eligible therefor(1st) business day of the seventh (7th) month following your termination of employment, otherwise his/her right to such payment at which time you shall be cancelledpaid an aggregate amount equal to the accumulated, but unpaid, payments otherwise due under the terms of this Section 2(a). Notwithstanding the above if foregoing, the Company permanently discontinues an operation; an employee laid off does not presently expect that, as a result thereof must apply for and shall receive any separation pay specified employee, there will be a delay in the payment of the Separation Pay to which he/she is entitled without waiting you following the six month’s period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she quits; (b) he/she is terminated for just cause; (c) he/she is terminated under Section 6.07 effective date of this Col‑ lective Agreement; (d) he/she has been terminated because of specific direc‑ tion or decree from any Government authority which has the effect of curtailing . Furthermore, if any of the Company’s oper‑ ations; unless (ibenefits set forth in this Section 2(a) the direction or decree is the result are deferred compensation under Code Section 409A, your termination of an illegal act committed by the Company or one of its rep‑ resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation employment triggering payment of an xxx‑ gible employee such benefits must constitute a “separation from service” under Code Section 409A before distribution of such benefits can commence. For purposes of clarification, this paragraph shall be equal to: (a) two (2) week’s base earnings (computed on the basis not cause any forfeiture of his/her hourly rate in effect benefits, but shall only act as of a delay until such time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years“separation from service” occurs. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall views your “separation from service” to be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceiveSeparation Date. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Separation Agreement (Altus Pharmaceuticals Inc.)

Separation Pay. 24.01 A regular employee shall be entitled to separation pay as set out in subsection .03 provided he/she has not (a) if he/she is terminated In consideration of the covenants and releases herein, the Company agrees to pay Executive an amount equal to his annual base salary (i.e., the sum of $428,500.00), less payroll tax withholdings, as described in this Paragraph. Initially, for a reason other than set out period of six (6) months ending on June 30, 2000, Executive shall receive payments on an installment basis in subsection .02;the same amount and at the same time as payroll checks would have been distributed to Executive had he remained an employee. Thereafter, Executive will receive the remaining $214,250.00 in fifteen (15) equal installments of $14,283.33 each, less payroll tax withholding, payable on the last day of the month, commencing July 31, 2000 and terminating on September 30, 2001. These payments will be made whether or not Executive obtains another job during the time period in question. (b) if he/she During the period of time that Executive is laid off and on any date during his/her layoff the hours scheduled for him/her during the pre‑ vious twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she is not eligible for any Company or Government pension or for benefits under receiving separation payments, Executive agrees to make himself available at reasonable times upon reasonable notice to consult with the Company’s insured Weekly Indemnity or Long Term Disability Plans;. This Agreement to consult will not result in an employment relationship. (c) Separation payments will cease and the Company will not be obligated to make any further payments in special cases where a laid off employee appears to have little prospect the event of recall to regular work within a period of six months he/she may request immedi‑ ate termination and separation pay, and with the con‑ xxxxxxxx either of the Company following: (1) Executive commences employment for a competitor of the Company; or (2) Executive engages in any conduct prohibited by Paragraph 14 entitled "Proprietary Information and Non-Solicitation." A business will be deemed a competitor under this Agreement if a major portion of its business is the Union this may be granted notwithstanding sale of swimming pool supplies and products which are sold by the eligibility clause in (b) above;Company. Competitors include, but are not limited to, Paddock Pools, Pinch-A-Xxxxx, In the Swim, South Central Pools and Xxxxxx. (d) if he/she is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of In the Letter of Understanding concern‑ ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she first becomes eligible therefor, otherwise his/her event the Company intends to exercise the right to such payment shall cease making the separation payments called for under Paragraph 4(a), Executive will be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is entitled without waiting the six month’s period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she quits; (b) he/she is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ lective Agreement; (d) he/she has been terminated because of specific direc‑ tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations; unless (i) the direction or decree is the result of an illegal act committed given written notice by the Company or one that it is ceasing payments pursuant to this Paragraph 4. Thereafter, if Executive disputes the Company's right to cease making payments, he shall notify the Company in writing and may demand that the issue of its rep‑ resentatives, or (ii) the direction or decree purports "competition" and/or breach of Paragraph 14 submitted to change the method mediation pursuant to Paragraph 18 of beer retailing and/or beer distribution within the Province;this Agreement. (e) he/she has been laid off because In light of any act Executive's right of war revocation in Paragraph 24, no payments will be made under the Agreement until the eighth day following the execution and delivery of this Agreement (or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with next business day, if the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last --- eighth day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of weekend day or a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximumholiday). 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Consulting Agreement (Leslies Poolmart Inc)

Separation Pay. 24.01 A regular An employee shall be entitled to eligible for separation pay payment as set out in subsection .03 provided he/she has not (a) forth below if he/she is terminated for a reason other than set out in subsection .02; (b) if he/she is laid off and on any date during his/her his layoff the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full full- time hours provided he/she if he is not eligible for any Company a normal, early or Government disability pension under the Employer's pension or welfare programme. If any employee applies for benefits and accepts a separation payment hereunder, his seniority and other rights under the Company’s insured Weekly Indemnity or Long Term Disability Plans; Collective Bargaining Agreement are cancelled. An employee eligible for a separation payment hereunder must apply for it not later than six (c6) in months after he first (1st) became eligible therefore, otherwise his right to such payment shall be cancelled. If the Employer permanently discontinues an operation, an employee laid off as a result thereof may apply for and receive separation pay without waiting six (6) month period. In special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she (6) months, he may request immedi‑ ate immediate termination and separation severance pay, and with the con‑ xxxxxxxx concurrence of the Company Employer and the Union Union, this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she first becomes eligible therefor, otherwise his/her right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is entitled without waiting the six month’s period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she quits; (b) he/she is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ lective Agreement; (d) he/she has been terminated because of specific direc‑ tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible eligible employee shall be equal toto the sum of: (a) two one (21) week’s 's base earnings (computed on the basis of his/her his hourly rate in effect as of time of layoff) multiplied by the number of his/her his completed years of seniority (as used for vacation entitlement) as of the last day he/she he actively worked in the Bargaining Unit, ; plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars thirty-eight dollars ($400.0038.00) (forty seven dollars ($47.00) if the employee has seven (7) or more years of seniority) multiplied by his/ her completed years a number equal to the number of seniority used in (a) above unused weeks of benefit entitlement which an employee has to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay his credit at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years date of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximumhis separation. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Agreement

Separation Pay. 24.01 Section 1 A regular employee shall be entitled to separation pay as set out in subsection .03 3, provided he/she has notthey have not been excluded by subsection 2 and provided they meet any of the following eligibility provisions: (a) if he/she is they are terminated for a reason other than set out in subsection .022; (b) if he/she is they are laid off and on any date during his/her their layoff the hours scheduled for him/her them during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours hours, provided he/she is they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she months, they may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she he is ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Article 14 Section .02 of the Letter of Understanding concern‑ ing technological change; 2. An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she they first becomes eligible therefortherefore, otherwise his/her their right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is they are entitled without waiting the six month’s months’ period. 24.02 Section 2 Notwithstanding subsection .011, an employee shall be excluded from separation pay eligibility if: (a) he/she quitsthey quit; (b) he/she is they are terminated for just cause; (c) he/she is they are terminated under Article 3, Section 6.07 2 (loss of seniority provision) of this Col‑ lective Agreementcollective agreement; (d) he/she has they have been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations; operations, unless; (i) i. the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii) . the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is they are laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her his layoff; (g) he/she is they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers’ Compensation Act; (h) he/she is they are entitled to receive any pension under the Company or Government Pension Plan. 24.03 Section 3 The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (a) two (2) one week’s base earnings (computed on the basis of his/her their hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used pro- rated for vacation entitlementpartial years of service) as of the last day he/she they actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21May 17, 1988, an additional Four Three Hundred Dollars and Seventy-five ($400.00375.00) multiplied by his/ her their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies for separation pay at the time he/ she they first becomes eligible therefore shall have his/ her their separation pay under this part (b) calculated as Eight Seven Hundred and Fifty Dollars ($800.00750.00) multiplied by his/ her their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 Section 4 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceivereceive. 24.05 Section 5 If an employee applies for and accepts a separation payment hereunder, his/her their employment is terminated and his/her his seniority and other rights under the Collective Bar‑ gaining Bargaining Agreement are cancelled. Section 6 In the event of permanent plant closure, the Company agrees to give the Union notice of such closure at least six (6) months before the date on which the closure is to be effected.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Separation Pay. 24.01 A regular employee shall be entitled to separation pay as set out in subsection .03 provided he/she he has notnot been excluded by subsection and provided he meets any of the following eligibility provisions: (a) if he/she he is terminated for a reason other than set out in subsection .02; (b) if he/she he is laid off and on any date during his/her his layoff the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she he is not eligible for any Company or Government pension or for benefits ben- efits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) ; in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she he may request immedi‑ ate termination immediate termi- nation and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding not- withstanding the eligibility clause in (b) above; (d) if he/she ; he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing concerning technological change; An employee eligible for a separation payment hereunder here- under must apply for it not later than six months after he/she he first becomes eligible therefor, otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation sepa- ration pay to which he/she he is entitled without waiting the six month’s period. 24.02 . Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) he/she he quits; (b) he/she ; he is terminated for just cause; (c) he/she ; he is terminated under Section 6.07 of this Col‑ lective Collective Agreement; (d) he/she ; he has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless (i) unless the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepre- sentatives, or (ii) or the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Separation Pay. 24.01 14.01 A regular employee shall be entitled to separation pay as set out in subsection .03 Sub-section 14.03, provided he/she he has notnot been excluded by Sub-section 14.02 and provided he meets any of the following eligibility provisions: (a) if he/she he is terminated for a reason other than set out in subsection .02Sub-section 14.02; (b) if he/she he is laid off and on any date during his/her layoff his lay-off the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours hours, provided he/she he is not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she months, he may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she he is ultimately designated for indefinite lay lay-off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change14.02; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she he first becomes eligible therefortherefore, otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she he is entitled without waiting the six month’s months’ period. 24.02 14.02 Notwithstanding subsection .01Sub-section 14.01, an employee shall be excluded from separation pay eligibility if: (a) he/she he quits; (; b) he/she he is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ lective Agreement; (d) he/she has been terminated because of specific direc‑ tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Agreement

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Separation Pay. 24.01 (a) A regular core employee shall be entitled to separation pay as set out in subsection .03 “c” provided he/she has notthey have not been excluded by subsection “b” and provided they meet any of the following eligibility provisions: (ai) if he/she is they are terminated for a reason other than set out in subsection .02;“b”. (bii) if he/she is they are laid off and on any date during his/her their layoff the hours scheduled for him/her them during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) percent of normal full full-time hours provided he/she is they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (ciii) in special cases where a laid off employee appears appear to have little prospect of recall to regular work within a period of six months he/she they may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (bii) above; (div) if he/she is they are ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change; 10.10. An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she they first becomes become eligible therefortherefore, otherwise his/her their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is they are entitled without waiting the six month’s month period. Operation will be interpreted as meaning: 1. plant, branch or warehouse 2. department or part department in which ten (10) or more employees are permanently laid off. 24.02 (b) Notwithstanding subsection .01“a”, an employee shall be excluded from separation pay eligibility if: (ai) he/she quitsThey quit; (bii) he/she is They are terminated for just cause; (ciii) he/she is They are terminated under Section 6.07 5.03 (loss of seniority provision) of this Col‑ lective Collective Agreement;. (div) he/she has They have been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless (i1) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii2) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (ev) he/she has They have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (fvi) he/she is They are laid off and has have arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her their layoff; (gvii) he/she is They are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers Compensation Act; (hviii) he/she the employee is entitled to receive any full pension under the Company or Government Pension Plan. At no time will the number of weeks of separation pay exceed the number of weeks to an employee’s normal retirement date (NRD as of June 1st, 2014 age 65) and/or the date the employee has announced as their retirement date. 24.03 (c) The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the : number of his/her their completed years of seniority (as used for vacation entitlement) as of the last day he/she they actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Union Collective Agreement

Separation Pay. 24.01 (a) A regular core employee shall be entitled to separation pay as set out in subsection .03 “c” provided he/she has notthey have not been excluded by subsection “b” and provided they meet any of the following eligibility provisions: (ai) if he/she is they are terminated for a reason other than set out in subsection .02;“b”. (bii) if he/she is they are laid off and on any date during his/her their layoff the hours scheduled for him/her them during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) percent of normal full full- time hours provided he/she is they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (ciii) in special cases where a laid off employee appears appear to have little prospect of recall to regular work within a period of six months he/she they may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (bii) above; (div) if he/she is they are ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change; 10.10. An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she they first becomes become eligible therefortherefore, otherwise his/her their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is they are entitled without waiting the six month’s month period. Operation will be interpreted as meaning: 1. plant, branch or warehouse 2. department or part department in which ten (10) or more employees are permanently laid off. 24.02 (b) Notwithstanding subsection .01“a”, an employee shall be excluded from separation pay eligibility if: (ai) he/she quitsThey quit; (bii) he/she is They are terminated for just cause; (ciii) he/she is They are terminated under Section 6.07 5.03 (loss of seniority provision) of this Col‑ lective Collective Agreement;. (div) he/she has They have been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless (i1) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii2) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (ev) he/she has They have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (fvi) he/she is They are laid off and has have arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her their layoff; (gvii) he/she is They are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers Compensation Act; (hviii) he/she the employee is entitled to receive any full pension under the Company or Government Pension Plan. At no time will the number of weeks of separation pay exceed the number of weeks to an employee’s normal retirement date (NRD as of June 1st, 2014 age 65) and/or the date the employee has announced as their retirement date. 24.03 (c) The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (ai) two (2) one week’s base earnings (computed on the basis of his/her their hourly rate in effect as of time of layoff) multiplied by the number of his/her their completed years of seniority (as used for vacation entitlement) as of the last day he/she they actively worked in the Bargaining Unit, plus (bii) for employees classified as probationary or regular core employees prior to March 21July 22, 1988, an additional Four Hundred Dollars three hundred and seventy-five ($400.00375.00) dollars multiplied by his/ her their completed years of seniority used in (ai) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies for separation pay at the time he/ she they first becomes eligible therefore shall have his/ her their separation pay under this part (bii) calculated as Eight Hundred Dollars seven hundred and fifty ($800.00750.00) dollars multiplied by his/ her their completed years of seniority used in (ai) above to a maximum of 15 years. If there is a permanent closure of a brewery (or the complete retail and/or distribution operations of Brewers Retail) B.D.L. the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 (d) If an employee applies for and accepts a separation payment hereunder, his/her their employment is terminated and his/her their seniority and other rights under the Collective Bar‑ gaining Bargaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Agreement

Separation Pay. 24.01 Section 1 A regular employee shall be entitled to separation pay as set out in subsection .03 3, provided he/she he has notnot been excluded by subsection 2 and provided he meets any of the following eligibility provisions: (a) if he/she he is terminated for a reason other than set out in subsection .022; (b) if he/she he is laid off and on any date during his/her his layoff the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours hours, provided he/she he is not eligible for any Company or Government pension or for benefits under the Company’s 's insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she months, he may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she he is ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Article 14 Section .02 of the Letter of Understanding concern‑ ing technological change; 2. An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she he first becomes eligible therefortherefore, otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she he is entitled without waiting the six month’s months' period. 24.02 Section 2 Notwithstanding subsection .011, an employee shall be excluded from separation pay eligibility if: (a) he/she he quits; (b) he/she he is terminated for just cause; (c) he/she he is terminated under Article 3, Section 6.07 2 (loss of seniority provision) of this Col‑ lective Agreementcollective agreement; (d) he/she he has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations; 's operations, unless; (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she he has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she he is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her his layoff; (g) he/she he is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers' Compensation Act; (h) he/she he is entitled to receive any pension under the Company or Government Pension Plan. 24.03 Section 3 The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (a) two (2) one week’s 's base earnings (computed on the basis of his/her his hourly rate in effect as of time of layoff) multiplied by the number of his/her his completed years of seniority (as used for vacation entitlement) as of the last day he/she he actively worked in the Bargaining UnitUnion, plus (b) for employees classified as probationary or regular employees prior to March 21May 17, 1988, an additional Four Three Hundred Dollars and Seventy-five ($400.00375.00) multiplied by his/ her his completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies for separation pay at the time he/ she he first he first becomes eligible therefore shall have his/ her his separation pay under this part (b) calculated as Eight Seven Hundred and Fifty Dollars ($800.00750.00) multiplied by his/ her his completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution and other operations of Pacific Brewers RetailDistributors Ltd.) the 15 year maximum is replaced with a 22 year maximum. 24.04 Section 4 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceivereceive. 24.05 Section 5 If an employee applies for and accepts a separation payment hereunder, his/her his employment is terminated and his/her his seniority and other rights under the Collective Bar‑ gaining Bargaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Separation Pay. 24.01 A regular employee shall be entitled to separation pay as set out in subsection .03 provided he/she he has notnot been excluded by subsection and provided he meets any of the following eligibility provisions: (a) if he/she he is terminated for a reason other than set out in subsection .02; (b) if he/she he is laid off and on any date during his/her his layoff the hours scheduled for him/her him during the pre‑ vious previous twelve (122) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she he is not eligible for any Company or Government pension or for benefits ben- efits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) ; in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she he may request immedi‑ ate termination immediate termi- nation and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding not- withstanding the eligibility clause in (b) above; (d) ; if he/she he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing concerning technological change; An employee eligible for a separation payment hereunder here- under must apply for it not later than six months after he/she he first becomes eligible therefor, otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation sepa- ration pay to which he/she he is entitled without waiting the six month’s period. 24.02 . Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:eligibility (a) he/she he quits; (b) he/she ; he is terminated for just cause; (c) he/she ; he is terminated under Section 6.07 of this Col‑ lective Collective Agreement; (d) he/she ; he has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless (i) unless the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepre- sentatives, or (ii) or the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod in lieu of his/her layoff; (g) he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect as of time of layoff) multiplied by the number of his/her completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee who applies for separation pay at the time he/ she first becomes eligible therefore shall have his/ her separation pay under this part (b) calculated as Eight Hundred Dollars ($800.00) multiplied by his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Separation Pay. 24.01 27.01 A regular employee shall be entitled to separation pay as set out in subsection .03 27.03 provided he/she has notnot been excluded by subsection 27.02 and provided the employee meets any of the following eligibility provisions: (a) if he/she the employee is terminated for a reason other than set out in subsection .0227.02; (b) if he/she the employee is laid off and on any date during his/her their layoff the hours scheduled for him/her the employee during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she is they are not eligible for any Company or Government pension or for benefits under the Company’s 's insured Weekly Indemnity or Long Term Disability disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she the employee is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change29.02; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she first becomes become eligible therefortherefore, otherwise his/her their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is entitled without waiting the six month’s month period. 24.02 27.02 Notwithstanding subsection .0127.01, an employee shall be excluded from separation pay eligibility if: (a) he/she the employee quits; (b) he/she the employee is terminated for just cause; (c) he/she the employee is terminated under Section 6.07 8 of this Col‑ lective the Collective Agreement; (d) he/she the employee has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations's operations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she the employee has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she the employee is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her their layoff; (g) he/she the employee is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker's Compensations Act; (h) he/she the employee is entitled to receive any pension under the Company or Government Pension Plan. 24.03 27.03 The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (a) two (2) one week’s 's base earnings (computed on the basis of his/her their hourly rate in effect as of time of layoff) multiplied by the number of his/her their completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unitunit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Three Hundred Dollars and Seventy-five dollars ($400.00375.00) multiplied by his/ her their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies applied for separation pay at the time he/ he/she first becomes eligible therefore shall have his/ her their separation pay under this part (b) calculated as Eight Hundred Dollars one week's base earnings ($800.00computed on the basis of their hourly rate in effect as of the time of layoff) multiplied by his/ her the number of their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.fifteen

Appears in 1 contract

Samples: Collective Agreement

Separation Pay. 24.01 27.01 A regular employee shall be entitled to separation pay as set out in subsection .03 27.03 provided he/she has notnot been excluded by subsection 27.02 and provided the employee meets any of the following eligibility provisions: (a) if he/she the employee is terminated for a reason other than set out in subsection .0227.02; (b) if he/she the employee is laid off and on any date during his/her their layoff the hours scheduled for him/her the employee during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided he/she is they are not eligible for any Company or Government pension or for benefits under the Company’s 's insured Weekly Indemnity or Long Term Disability disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if he/she the employee is ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change29.02; An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she first becomes become eligible therefortherefore, otherwise his/her their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she is entitled without waiting the six month’s month period. 24.02 27.02 Notwithstanding subsection .0127.01, an employee shall be excluded from separation pay eligibility if: (a) he/she the employee quits; (b) he/she the employee is terminated for just cause; (c) he/she the employee is terminated under Section 6.07 8 of this Col‑ lective the Collective Agreement; (d) he/she the employee has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ations's operations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) he/she the employee has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) he/she the employee is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her their layoff; (g) he/she the employee is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker's Compensations Act; (h) he/she the employee is entitled to receive any pension under the Company or Government Pension Plan. 24.03 27.03 The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (a) two (2) one week’s 's base earnings (computed on the basis of his/her their hourly rate in effect as of time of layoff) multiplied by the number of his/her their completed years of seniority (as used for vacation entitlement) as of the last day he/she actively worked in the Bargaining Unitunit, plus (b) for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Three Hundred Dollars and Seventy-five dollars ($400.00375.00) multiplied by his/ her their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies applied for separation pay at the time he/ he/she first becomes eligible therefore shall have his/ her their separation pay under this part (b) calculated as Eight Hundred Dollars one week's base earnings ($800.00computed on the basis of their hourly rate in effect as of the time of layoff) multiplied by his/ her the number of their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, his/her employment is terminated and his/her seniority and other rights under the Collective Bar‑ gaining Agreement are cancelled.fifteen

Appears in 1 contract

Samples: Collective Agreement

Separation Pay. 24.01 23.01 A regular employee shall be entitled to separation pay as set out in subsection .03 23.03 provided he/she he has notnot been excluded by subsection 23.02 and provided he meets any of the following eligibility provisions: (a) a. if he/she he is terminated for a reason other than set out in subsection .02;23.02 (b) b. if he/she he is laid off and on any date during his/her his layoff the hours scheduled for him/her him during the pre‑ vious previous twelve (12) consecutive months were less than fifty percent (50%) of or normal full time hours provided he/she he is not eligible for any Company or of Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability disability Plans; (c) c. in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months he/she he may request immedi‑ ate immediate termination and separation pay, and with the con‑ xxxxxxxx concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) d. if he/she he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern‑ ing technological change; . An employee eligible for a separation payment hereunder must apply for it not later than six months after he/she he first becomes became eligible therefor, therefore otherwise his/her his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which he/she he is entitled without waiting the six month’s month period. 24.02 23.02 Notwithstanding subsection .0123.01, an en employee shall be excluded from separation pay eligibility if: (a) he/she a. he quits; (b) he/she b. he is terminated for just cause; (c) he/she is terminated under Section 6.07 of this Col‑ lective Agreementc. where an employee loses his seniority; (d) he/she d. he has been terminated because of specific direc‑ tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper‑ ationsoperations; unless: (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentatives, orthe (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Provinceprovince; (e) he/she e. he has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;or (f) he/she f. he is laid off and has arranged with the Company to take leave of absence without pay for a specific per‑ iod period in lieu of his/her his layoff; (g) he/she g. he is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker’s Compensations Act; (h) he/she h. he is entitled to receive any pension under the Company or Government Pension Plan. 24.03 23.03 The amount of the separation payment of an xxx‑ gible eligible employee shall be equal to: (a) two (2) a. one week’s base earnings (computed on the basis of his/her his hourly rate in effect as of time of layoff) multiplied by the number of his/her his completed years of seniority (as used for vacation entitlement) as of the last day he/she he actively worked in the Bargaining Unit, plus (b) b. for employees classified as probationary or regular employees prior to March 21, 1988, an additional Four Three Hundred and Seventy-five Dollars ($400.00375.00) multiplied by his/ her his completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em‑ ployee employee who applies applied for separation pay at the time he/ she he first becomes eligible therefore therefor shall have his/ her his separation pay under this part (b) calculated as Eight Seven Hundred Dollars and Fifty ($800.00750.00) multiplied by his/ her his completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 23.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re‑ ceivereceive. 24.05 23.05 If an employee applies for and accepts a separation payment hereunder, his/her his employment is terminated and his/her his seniority and other rights under the Collective Bar‑ gaining Bargaining Agreement are cancelled.

Appears in 1 contract

Samples: Collective Agreement

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