| 12.01 |
Employees may be laid off in
accordance with the provisions of this Article. |
| 12.02 |
For purposes of this Article the
following definitions shall apply: |
|
(a) |
"lay-off" - a temporary separation from
employment with anticipated future recall |
|
(b) |
"seniority" - the length of continuous employment
with the Employer from the most recent date of hire |
|
(c) |
"similar Employees" - two (2) or more Employees
having a common status performing the same or similar functions within a classification,
at a location and work unit as determined by the Employing Department |
|
(d) |
"permanent status" - status given to
Employees occupying a permanent position |
|
(e) |
"temporary status" - status given to
Employees occupying a temporary position |
|
(f) |
"permanent Employee" - a permanent status
Employee who has successfully completed his probationary period. |
| 12.03 |
Except in circumstances beyond the
reasonable control of the Employing Department, the notice for the lay-off
of Employees shall be as follows: |
|
(a) |
fourteen (14) calendar days for Employees having permanent
status; |
|
(b) |
seven (7) calendar days for Employees having temporary
status. |
| 12.04 |
When similar Employees are to be
laid off, the Employing Department shall lay off such Employees in reverse
order of their seniority, providing those retained are qualified and able to
perform the work remaining to be done. |
| 12.05 |
The time spent by probationary
Employees on lay-off will be added to the probationary period at the time of
recall. |
| 12.06 |
An Employee may be recalled only to
the position from which the Employee was laid off. In determining which of
similar Employees are to be recalled to positions within a classification,
at a location and work unit as determined by the Employing Department,
recall shall be on the basis of the seniority of such similar Employees,
provided the Employee recalled is qualified and able to perform the work
that is available. |
| 12.07 |
An Employee shall be responsible
for providing the Employing Department with his current address for recall
purposes. |
| 12.08 |
Seniority is lost, all rights are
forfeited, and the Employing Department shall not be obliged to recall an
Employee: |
|
(a) |
when the Employee resigns or employment is properly
terminated; or |
|
(b) |
when the Employee does not return to work on recall within
three (3) work days of the stated reporting date, or the Employee cannot be
located after reasonable effort on the part of the Employing Department to
recall the Employee; or |
|
(c) |
upon the expiry of one hundred and eighty (180) calendar
days following lay-off during which time the Employee has not been recalled
to work. |
| 12.09 |
If a permanent Employee has not
been recalled within one hundred and eighty (180) calendar days from the
date of lay-off, he shall be entitled to severance pay in the amount of one
and one-half (1 1/2) week's pay for each full year of continuous employment
to a maximum of twenty-five (25) weeks' pay. Severance pay will not be paid
to an Employee who resigned, retired, failed to return to work when
recalled, or whose employment was properly terminated. |
| 12.10 |
Excluding Clauses 15.01, 15.02 and
15.03, a permanent Employee who qualifies pursuant to Clause 15.04 shall be
eligible for the remaining provisions of Article 15 should his position be
abolished while on lay-off. A permanent Employee may choose to waive all of
the applicable provisions of Article 15 by resigning in writing and
receiving two (2) months’ pay at his regular rate. |
| 12.11 |
This Article does not apply to
temporary Employees whose employment is terminated at the end of a specific
term of employment. This Article does not apply to wage Employees. |
| 12.12 |
An Employee who is laid off under this Article and who at the commencement of the lay-off is participating in the Long Term Disability Plan, the Government Employees' Prescription Drug Plan, the Government Employee's Group Extended Medical Benefits Plan, the Government Group Dental Plan or the Government Group Life Insurance Plan may elect to continue existing coverage under these Plans during the one hundred and eighty (180) calendar day lay-off period. If the Employee elects to maintain coverage he shall submit both the Employer and Employee shares of the premium contributions in a fashion as determined by the Employer. If the Employee chooses not to continue to submit the total required premiums, coverage will cease and the Employee shall not be entitled to any benefits under these Plans. |
