STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current position.
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) The University shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subje...
STAFFING RELATED ISSUES.
12:03 An employee shall have no seniority and shall be considered as a probationary employee until he/she has completed thirty-six (36) weeks of active employment (i.e., days actually at work at the University in a staff-appointed position). For clarity, active employment does not include the University closure in December and January or any other closures at the School of Continuing Studies, unless the employee is required to work during that period. During the probationary period an employee may be terminated at any time for a lesser standard than “just cause”. The parties agree that an arbitrator has no jurisdiction to relieve against the penalty of discharge or substitute or provide any other remedy in the case of the discharge of a probationary employee, unless the discharge was discriminatory, arbitrary or made in bad faith. In the event the University decides to post a full-time staff appointed ESL instructor position under article 12:04, and a casual ESL instructor at SCS applies and is the successful candidate for the position, where the successful candidate has been employed as a casual ESL instructor at SCS for thirty-six (36) or more consecutive weeks, the probationary period will be reduced to twelve (12) weeks. During the probationary period, an employee shall be informed in writing of his/her progress at the end of each term in which he/she was employed. A copy of the written feedback shall be given to the employee. Organizational Change 12:05 & 12:07 The provisions of reorganization apply when the School of Continuing Studies decides to restructure the ELP. In such cases, employees will receive six (6) weeks’ notice of organizational change, plus twelve (12) weeks’ notice of layoff. Notwithstanding the above, where, due to enrolment levels and/or market conditions employees need to be given notice of layoff, reorganization does not apply, and affected employees will receive a minimum of four (4) weeks’ notice of layoff.
STAFFING RELATED ISSUES. Trial Period
28:01 The successful applicant shall be placed on trial for a period of thirty (30) working days from assumption of new duties. Conditional on satisfactory service such trial promotion shall be confirmed after the period of thirty (30) working days. In the event the successful candidate proves unsatisfactory in the position during the aforementioned trial period, they shall be returned to their former position without loss of seniority and at the former wage rate. Any other employee promoted because of the rearrangement of positions shall also be returned to their former position without loss of seniority and at their former wage rate. Upon request of the Union, the Employer shall meet with the Union to review the reasons the Employer deems the successful candidate unsatisfactory.
28:02 Any such employee shall be given the opportunity to revert to their former position and conditions if they so request within thirty (30) working days from the assumption of new duties and the provisions of the immediate preceding paragraph shall apply to such reversion.
