Common use of REDUNDANCY PROVISIONS Clause in Contracts

REDUNDANCY PROVISIONS. C.4.1 A redundancy may occur in a situation where an Employee’s job is terminated because it has become superfluous to the University’s needs. C.4.2 The Employer shall advise the Employee(s) affected and the relevant Employee organisation not less than three months prior to the redundancy taking effect. The three-month period is inclusive of the ordinary period of notice required in this agreement. C.4.3 At the time of giving notice, the Employer shall discuss with the Employee(s) details of the redundancy situation and the reasons for it and shall also give genuine consideration as to whether any alternatives to redundancy are appropriate, such as, but not limited to: redeployment; retraining; voluntary redundancy; natural attrition; reduction in hours; and early retirement. C.4.4 If pursuant to clause C.4.3, redeployment is considered appropriate, then: C.4.4.1 By agreement the Employee(s) may be deployed to a position at the same, higher or lower salary. Where the new position is at a lower salary, an equalisation allowance will be paid for a period of two years to preserve the salary of the Employee in the old position at the time of redeployment. C.4.4.2 An equalisation allowance can be paid as either: a) A lump sum to make up for the loss of basic pay for the next two years (this is not abated by any subsequent salary increase); or b) An on-going allowance for two years equivalent to the difference between the present salary (including superannuation) and the new salary. The allowance will be abated by any salary increase for the new position during the two-year period, as the Employer may decide. C.4.5 Where an Employee is redeployed into an alternative position, the Employee may, within the first six months in the new position, elect to resign from it, giving the appropriate notice, and will have any severance payment calculated under clause C.4.9 below paid as though he/she had not taken up the new position. Service in the new position does not count towards calculation of the severance payment. C.4.5.1 Where the equalisation allowance has been paid in a lump sum and the Employee resigns from the alternative position within the six month period specified in clause C.4.5, then the severance payment will be reduced by a pro rata amount. C.4.5.2 The pro rata amount will be calculated by multiplying the lump sum payment determined under clause C.4.4.2(a) by the number of whole calendar days between the date of termination and 730 days, and dividing by 730. C.4.6 In the case of redeployment into a fixed-term position which ceases to exist and the Employee is not redeployed to a further vacancy, the Employee will be paid a severance payment on the following basis: C.4.6.1 Where employment ceases within one year, the full severance payment. C.4.6.2 Where employment ceases after one year but not exceeding three years, 50% of the severance payment. C.4.6.3 Where employment ceases beyond three years, no severance payment. Service in the fixed-term position does not count towards calculation of the severance payment. C.4.7 If pursuant to clause C.4.3, an alternative to redundancy is not considered appropriate and the Employer decides that redundancy is still required then the affected Employee(s) will be notified in writing. C.4.8 An Employee who has been given notice of redundancy will, within the period of notice, be given reasonable time, on full pay, to make arrangements to seek new employment. These arrangements may include, for example, assistance in the preparation of a curriculum vitae, attendance at employment interviews and counselling. C.4.9 An Employee declared redundant by the Employer shall be entitled to a severance payment calculated as follows: C.4.9.1 Six weeks ordinary pay (T1.0) for the first year of service or part thereof; and C.4.9.2 Two weeks ordinary pay (T1.0) for the second and subsequent years or part thereof to a maximum payout of 44 weeks. For Maintenance Workers, “ordinary pay” shall be calculated as ordinary pay (Time 1) or average weekly earnings over the preceding 52 weeks, whichever is higher. C.4.10 A severance payment shall not be payable to temporary or fixed- term Employees.

REDUNDANCY PROVISIONS. C.4.1 A 61.01 All teachers who are declared redundant and who are not reassigned in accordance with Article 47 shall be eligible for a redundancy may occur benefit as outlined in a situation where an Employee’s job is terminated because it has become superfluous to the University’s needstable on page 42. C.4.2 The Employer shall advise the Employee(s) affected and the relevant Employee organisation not less than three months prior 61.02 If, subsequent to receiving the redundancy taking effect. The three-month period is inclusive of the ordinary period of notice required in this agreement. C.4.3 At the time of giving noticebenefit, the Employer person is reassigned or attains a teaching position, the teacher shall discuss with the Employee(s) details of the redundancy situation and the reasons for it and shall also give genuine consideration as to whether any alternatives to redundancy are appropriate, such as, but not limited to: redeployment; retraining; voluntary redundancy; natural attrition; reduction in hours; and early retirement. C.4.4 If pursuant to clause C.4.3, redeployment is considered appropriate, then: C.4.4.1 By agreement the Employee(s) may be deployed to a position at the same, higher or lower salary. Where the new position is at a lower salary, an equalisation allowance will be paid for a period of two years to preserve the salary of the Employee in the old position at the time of redeployment. C.4.4.2 An equalisation allowance can be paid as either: a) A lump sum to make up for the loss of basic pay for the next two years (this is not abated by any subsequent salary increase); or b) An on-going allowance for two years equivalent to repay the difference between the present salary (including superannuation) benefit received and the new salary. The allowance will be abated by any amount of benefit equivalent to lost salary increase for the new position during the two-year period, as the Employer may decidea result of being declared redundant and being without a teaching position. C.4.5 Where 61.03 A teacher who is in receipt of a redundancy benefit cannot, in addition, be entitled to severance pay in accordance with Article 33. (a) Teachers who are employed in the position of program specialist, principal, vice-principal, department head, educational psychologist or guidance counsellor in a continuing contract and who are reassigned, because of redundancy, to a position that does not have an Employee allowance payable in respect thereof, shall have the allowance reduced annually in equal amounts such that the allowance is redeployed into an alternative positioneliminated by the end of five (5) years. Teachers who are reassigned to a position with a lower allowance shall have the difference between the higher and lower allowance reduced in the same manner. (b) In accordance with (a), teachers who are within four (4) years of normal retirement age shall have their allowance red-circled until they reach the age of normal retirement. In the event that the teacher elects to continue to teach beyond the normal retirement age, the Employee mayallowance shall revert to that applicable to that position. (c) During the period of phase-out, within the first six months a teacher who declines an offer of employment in the new position, elect a position comparable to resign that from it, giving the appropriate notice, and will have any severance payment calculated under clause C.4.9 below paid as though which he/she had not taken up was laid off, shall forfeit the new position. Service in the new position does not count towards calculation balance of the severance paymentallowance payable. C.4.5.1 Where the equalisation allowance has been paid in (d) Notwithstanding (a) above, a lump sum and the Employee resigns from the alternative position within the six month period specified in clause C.4.5, then the severance payment department head will be reduced by a pro rata amount. C.4.5.2 The pro rata amount will be calculated by multiplying the lump sum payment determined under clause C.4.4.2(a) by the number of whole calendar days between the date of termination and 730 days, and dividing by 730. C.4.6 In the case of redeployment into a fixed-term position which ceases to exist and the Employee is not redeployed to a further vacancy, the Employee will be paid a severance payment on the following basis: C.4.6.1 Where employment ceases within one year, the full severance payment. C.4.6.2 Where employment ceases after one year but not exceeding three years, 50% of the severance payment. C.4.6.3 Where employment ceases beyond three years, no severance payment. Service in the fixed-term position does not count towards calculation of the severance payment. C.4.7 If pursuant to clause C.4.3, an alternative to redundancy is not considered appropriate and the Employer decides that redundancy is still required then the affected Employee(s) will be notified in writing. C.4.8 An Employee who has been given notice of redundancy will, within the period of notice, be given reasonable time, on full pay, to make arrangements to seek new employment. These arrangements may include, for example, assistance in the preparation of a curriculum vitae, attendance at employment interviews and counselling. C.4.9 An Employee declared redundant by the Employer shall be entitled to a severance payment calculated as follows:benefits under this provision if his/her allowance was or would have been eliminated by virtue of the application of Clause 56.02. C.4.9.1 Six weeks ordinary pay (T1.0) for 61.05 The redundancy provision shall not apply to the first local differential component of Schedule A. 61.06 The redundancy provision shall be effective April 30, 1996. Service Age < ▇▇ ▇▇-▇▇ ▇▇-▇▇ ▇▇-▇▇ ▇▇-▇▇ > 54 < 6 months 4% 8% 12% 16% 20% 24% > 6 months - <1 year of service or part thereof; and C.4.9.2 Two weeks ordinary pay (T1.0) for the second and subsequent 8% 12% 16% 20% 24% 28% > 1 - < 2 years 14% 18% 22% 26% 30% 34% > 2 - < 4 years 22% 26% 30% 34% 38% 42% > 4 - < 6 years 30% 34% 38% 42% 46% 50% > 6 - < 8 years 38% 42% 46% 50% 54% 58% > 8 - < 10 years 46% 50% 54% 58% 62% 66% > 10 - < 12 years 54% 58% 62% 66% 70% 74% > 12 - < 14 years 62% 66% 70% 74% 78% 82% > 14 - < 16 years 70% 74% 78% 82% 86% 90% > 16 - < 18 years 78% 82% 86% 90% 94% 98% > 18 - < 20 years 86% 90% 94% 98% 102% 106% > 20 - < 22 years 94% 98% 102% 106% 110% 114% > 22 years or part thereof to a maximum payout of 44 weeks. For Maintenance Workers, “ordinary pay” shall be calculated as ordinary pay (Time 1) or average weekly earnings over the preceding 52 weeks, whichever is higher. C.4.10 A severance payment shall not be payable to temporary or fixed- term Employees.more 102% 108% 112% 116% 120% 124%

REDUNDANCY PROVISIONS. C.4.1 A redundancy may occur in a situation where an Employee’s job is terminated because it has become superfluous to the University’s needs. C.4.2 The Employer shall advise the Employee(s) affected and the relevant Employee organisation not less than three months prior to the redundancy taking effect. The three-month period is inclusive of the ordinary period of notice required in this agreement. C.4.3 At the time of giving notice, the Employer shall discuss with the Employee(s) details of the redundancy situation and the reasons for it and shall also give genuine consideration as to whether any alternatives to redundancy are appropriate, such as, but not limited to: redeployment; retraining; voluntary redundancy; natural attrition; reduction in hours; and early retirement. C.4.4 If pursuant to clause C.4.3, redeployment is considered appropriate, then: C.4.4.1 By agreement the Employee(s) may be deployed to a position at the same, higher or lower salary. Where the new position is at a lower salary, an equalisation allowance will be paid for a period of two years to preserve the salary of the Employee in the old position at the time of redeployment. C.4.4.2 An equalisation allowance can be paid as either: a) A lump sum to make up for the loss of basic pay for the next two years (this is not abated by any subsequent salary increase); or b) An on-going allowance for two years equivalent to the difference between the present salary (including superannuation) and the new salary. The allowance will be abated by any salary increase for the new position during the two-year period, as the Employer may decide. C.4.5 Where an Employee is redeployed into an alternative position, the Employee may, within the first six months in the new position, elect to resign from it, giving the appropriate notice, and will have any severance payment calculated under clause C.4.9 below paid as though he/she had not taken up the new position. Service in the new position does not count towards calculation of the severance payment. C.4.5.1 Where the equalisation allowance has been paid in a lump sum and the Employee resigns from the alternative position within the six month period specified in clause C.4.5, then the severance payment will be reduced by a pro rata amount. C.4.5.2 The pro rata amount will be calculated by multiplying the lump sum payment determined under clause C.4.4.2(a) by the number of whole calendar days between the date of termination and 730 days, and dividing by 730. C.4.6 In the case of redeployment into a fixed-term position which ceases to exist and the Employee is not redeployed to a further vacancy, the Employee will be paid a severance payment on the following basis: C.4.6.1 Where employment ceases within one year, the full severance payment. C.4.6.2 Where employment ceases after one year but not exceeding three years, 50% of the severance payment. C.4.6.3 Where employment ceases beyond three years, no severance payment. Service in the fixed-term position does not count towards calculation of the severance payment. C.4.7 If pursuant to clause C.4.3, an alternative to redundancy is not considered appropriate and the Employer decides that redundancy is still required then the affected Employee(s) will be notified in writing. C.4.8 An Employee who has been given notice of redundancy will, within the period of notice, be given reasonable time, on full pay, to make arrangements to seek new employment. These arrangements may include, for example, assistance in the preparation of a curriculum vitae, attendance at employment interviews and counselling. C.4.9 An Employee declared redundant by the Employer shall be entitled to a severance payment calculated as follows: C.4.9.1 Six weeks ordinary pay (T1.0) for the first year of service or part thereof; and C.4.9.2 Two weeks ordinary pay (T1.0) for the second and subsequent years or part thereof to a maximum payout of 44 weeks. For Maintenance Workers, “ordinary pay” shall be calculated as ordinary pay (Time 1) or average weekly earnings over the preceding 52 weeks, whichever is higher. C.4.10 A severance payment shall not be payable to temporary or fixed- fixed-term Employees.

REDUNDANCY PROVISIONS. C.4.1 A 61.01 All teachers who are declared redundant and who are not reassigned in accordance with Article 47 shall be eligible for a redundancy may occur benefit as outlined in a situation where an Employee’s job is terminated because it has become superfluous to the University’s needstable on page 39. C.4.2 The Employer shall advise the Employee(s) affected and the relevant Employee organisation not less than three months prior 61.02 If, subsequent to receiving the redundancy taking effect. The three-month period is inclusive of the ordinary period of notice required in this agreement. C.4.3 At the time of giving noticebenefit, the Employer person is reassigned or attains a teaching position, the teacher shall discuss with the Employee(s) details of the redundancy situation and the reasons for it and shall also give genuine consideration as to whether any alternatives to redundancy are appropriate, such as, but not limited to: redeployment; retraining; voluntary redundancy; natural attrition; reduction in hours; and early retirement. C.4.4 If pursuant to clause C.4.3, redeployment is considered appropriate, then: C.4.4.1 By agreement the Employee(s) may be deployed to a position at the same, higher or lower salary. Where the new position is at a lower salary, an equalisation allowance will be paid for a period of two years to preserve the salary of the Employee in the old position at the time of redeployment. C.4.4.2 An equalisation allowance can be paid as either: a) A lump sum to make up for the loss of basic pay for the next two years (this is not abated by any subsequent salary increase); or b) An on-going allowance for two years equivalent to repay the difference between the present salary (including superannuation) benefit received and the new salary. The allowance will be abated by any amount of benefit equivalent to lost salary increase for the new position during the two-year period, as the Employer may decidea result of being declared redundant and being without a teaching position. C.4.5 Where 61.03 A teacher who is in receipt of a redundancy benefit cannot, in addition, be entitled to severance pay in accordance with Article 33. (a) Teachers who are employed in the position of program specialist, principal, vice-principal, department head, educational psychologist or guidance counsellor in a continuing contract and who are reassigned, because of redundancy, to a position that does not have an Employee allowance payable in respect thereof, shall have the allowance reduced annually in equal amounts such that the allowance is redeployed into an alternative positioneliminated by the end of five (5) years. Teachers who are reassigned to a position with a lower allowance shall have the difference between the higher and lower allowance reduced in the same manner. (b) In accordance with (a), teachers who are within four (4) years of normal retirement age shall have their allowance red-circled until they reach the age of normal retirement. In the event that the teacher elects to continue to teach beyond the normal retirement age, the Employee mayallowance shall revert to that applicable to that position. (c) During the period of phase-out, within the first six months a teacher who declines an offer of employment in the new position, elect a position comparable to resign that from it, giving the appropriate notice, and will have any severance payment calculated under clause C.4.9 below paid as though which he/she had not taken up was laid off, shall forfeit the new position. Service in the new position does not count towards calculation balance of the severance paymentallowance payable. C.4.5.1 Where the equalisation allowance has been paid in (d) Notwithstanding (a) above, a lump sum and the Employee resigns from the alternative position within the six month period specified in clause C.4.5, then the severance payment department head will be reduced by a pro rata amount. C.4.5.2 The pro rata amount will be calculated by multiplying the lump sum payment determined under clause C.4.4.2(a) by the number of whole calendar days between the date of termination and 730 days, and dividing by 730. C.4.6 In the case of redeployment into a fixed-term position which ceases to exist and the Employee is not redeployed to a further vacancy, the Employee will be paid a severance payment on the following basis: C.4.6.1 Where employment ceases within one year, the full severance payment. C.4.6.2 Where employment ceases after one year but not exceeding three years, 50% of the severance payment. C.4.6.3 Where employment ceases beyond three years, no severance payment. Service in the fixed-term position does not count towards calculation of the severance payment. C.4.7 If pursuant to clause C.4.3, an alternative to redundancy is not considered appropriate and the Employer decides that redundancy is still required then the affected Employee(s) will be notified in writing. C.4.8 An Employee who has been given notice of redundancy will, within the period of notice, be given reasonable time, on full pay, to make arrangements to seek new employment. These arrangements may include, for example, assistance in the preparation of a curriculum vitae, attendance at employment interviews and counselling. C.4.9 An Employee declared redundant by the Employer shall be entitled to a severance payment calculated as follows:benefits under this provision if his/her allowance was or would have been eliminated by virtue of the application of Clause 56.02. C.4.9.1 Six weeks ordinary pay (T1.0) for 61.05 The redundancy provision shall not apply to the first local differential component of Schedule A. 61.06 The redundancy provision shall be effective April 30, 1996. Service Age < ▇▇ ▇▇-▇▇ ▇▇-▇▇ ▇▇-▇▇ ▇▇-▇▇ > 54 < 6 months 4% 8% 12% 16% 20% 24% > 6 months - <1 year of service or part thereof; and C.4.9.2 Two weeks ordinary pay (T1.0) for the second and subsequent 8% 12% 16% 20% 24% 28% > 1 - < 2 years 14% 18% 22% 26% 30% 34% > 2 - < 4 years 22% 26% 30% 34% 38% 42% > 4 - < 6 years 30% 34% 38% 42% 46% 50% > 6 - < 8 years 38% 42% 46% 50% 54% 58% > 8 - < 10 years 46% 50% 54% 58% 62% 66% > 10 - < 12 years 54% 58% 62% 66% 70% 74% > 12 - < 14 years 62% 66% 70% 74% 78% 82% > 14 - < 16 years 70% 74% 78% 82% 86% 90% > 16 - < 18 years 78% 82% 86% 90% 94% 98% > 18 - < 20 years 86% 90% 94% 98% 102% 106% > 20 - < 22 years 94% 98% 102% 106% 110% 114% > 22 years or part thereof to a maximum payout of 44 weeks. For Maintenance Workers, “ordinary pay” shall be calculated as ordinary pay (Time 1) or average weekly earnings over the preceding 52 weeks, whichever is higher. C.4.10 A severance payment shall not be payable to temporary or fixed- term Employees.more 102% 108% 112% 116% 120% 124%