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UNW Collective Agreement

Article 32 - Severance Pay

 

SEVERANCE PAY

LAY-OFF

32.01An employee who has one year or more of continuous employment and who is laid off is entitled to be paid severance pay.
32.02An employee who is laid-off following the signing of this Agreement may request one of the following options:
 (a)(i)Separation Assistance - The lay-off shall receive severance pay of two (2) weeks pay per year for the first ten complete years of continuous employment, and three (3) weeks pay for each succeeding complete year of continuous employment. The lay-off can request this payment be made bi-weekly to extend employment or in annual instalments. The total amount of severance pay which may be paid under this sub-clause shall not exceed 65 weeks of pay.
  (ii)The Employer may waive the requirement to work the three month notice period or portion thereof and provide 13 weeks pay, or appropriate portion thereof in lieu:
  (1)when the Employer determines the lay-off's work should be discontinued.  The lay-off shall be provided priority staffing status for three months.
   (2)when, upon the request of the lay-off, the Employer determines the lay-off's work can be discontinued.  The lay-off waives the three month priority staffing status;

or;

 (b)(i)Severance Priority - The lay-off shall receive severance pay of two (2) weeks pay for the first complete year of continuous employment, two (2) weeks pay for the second complete year of continuous employment and one (1) week of pay for each succeeding complete year of continuous employment.  The total amount of severance pay which may be paid under this sub clause shall not exceed 28 weeks of pay.
  (ii)The lay-off shall be provided priority staffing for eighteen (18) months from the last day of the lay-off notice period.  Where a lay-off accepts an appointment that is not indeterminate the lay-off shall continue to be provided priority staffing for the length of the appointment plus three (3) months. At no time will the length of the priority status be less than eighteen (18) months.
  (iii)The Employer may waive the requirement to work the three month notice period or portion thereof and provide 13 weeks pay, or appropriate portion thereof in lieu:
  (1)when the Employer determines the lay-off's work should be discontinued.  The lay-off shall be provided priority staffing status for three months.
   (2)when, upon the request of the lay-off, the Employer determines the lay-off's work can be discontinued.  The lay-off waives the three month priority staffing status;

or;

 (c)Retraining - The lay-off shall, during the 3 month notice period be eligible for this option if:
  (i)the lay-off has three (3) years of continuous service;
  (ii)there is a specific vacant position or anticipated vacancy for which no other lay-off qualifies and the lay-off may become qualified with retraining; and
  (iii)the employee and the Employer agree that the retraining can be completed within 12 consecutive months.
  Retraining shall consist primarily of on-the-job training but may include course work or other formal training including college or university.  Where practicable, the retraining shall take place in the lay-off's headquarters.Lay-offs undertaking retraining shall be paid at their current range. Upon successful completion of retraining, the lay-off shall be appointed to the position for which she/he was retrained.  The Employer shall pay all authorized costs associated with retraining including but not limited to tuition, travel and relocation.

Continuation and completion of a retraining plan are subject to satisfactory performance by the lay-off.  Lay-offs who are unsuccessful in retraining shall be considered to be at the beginning of their lay-off period and they shall be notified in writing prior to the commencement of the lay-off period.

or;

 (d)Education Assistance - The lay-off may be eligible to apply for this option if:

(i)         the lay-off has 3 years of continuous employment.

(ii)        the proposed program of study relates to positions within the Government.

(iii)       the lay-off provides proof of acceptance in an educational program.

The Employer will pay for all of the costs of education assistance.

The lay-off is eligible for education assistance, which is 80% of the lay-off's current salary for a period of up to twelve months.  The lay-off is not eligible for priority status and is not guaranteed any future employment with the Employer.

Education assistance may be paid out over a term longer than twelve months to permit the lay-off to attend two consecutive semesters of instruction; however, the total amount paid out will not exceed 80% of twelve months salary.
32.03In the case of an employee who is laid-off for a second or subsequent time following the signing of this Agreement the amount of severance will be calculated on complete years of continuous service less any period in respect of which the employee was granted severance pay.
32.04In the case of a term employee, which is a person other than an indeterminate employee who is employed in excess of four months, who is laid off the severance the employee receives shall not exceed the pay equal to the remainder of the term.
 

RESIGNATION, RETIREMENT AND DEATH

32.05Employees commencing employment before September 2, 1995 shall receive severance pay on resignation, retirement or death in accordance with the severance pay provisions identified in Articles 32.05, 32.06 and 32.07 of the Collective Agreement between the Employer and the Union, which expired March 31, 1994, for the length (duration) of their employment.
 

TERMINATION FOR HEALTH REASONS

32.06This Clause shall apply to an employee whose employment is terminated as a result of a recommendation made to the Employer that the employee was incapable of performing his/her duties because of chronically poor health; and when such occurs:
 (a)the employee shall be paid severance pay equal to the product obtained by multiplying his/her weekly rate of pay on termination of employment by the number of completed years of his/her continuous employment to a maximum of thirty (30), less any period of continuous employment in respect of which severance pay was previously granted.
 (c)when employment is terminated under this Clause the employee shall have the right to waive his/her entitlement to severance pay and, in lieu thereof, be granted an equivalent period of leave with pay.
 

DISMISSAL, ABANDONMENT OF POSITION

32.07An employee who is dismissed for cause from the Public Service or who has been declared to abandon his/her position shall not be entitled to severance pay.
 

VOLUNTARY SEPARATION

32.08

In the case of an employee terminated under Voluntary Separation the employee is eligible to severance as follows:

 
Complete Years of Continous Service
 Weeks of Pay at Regular Rate of Pay
 1 
15
 2 
16
 3-4 
17
 5-6 
18
 7-8 
19
 9-10 
22
 11-12 
25
 13-14 
28
 15- plus 
30