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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇- 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ concur- rence 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‑ 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 ▇▇▇- 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Collective Agreement, 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 (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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ 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- ▇▇▇▇ 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 ▇▇▇‑ 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Union Collective Agreement

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 for a reason Executive entering into this Agreement, and in resolution of all claims of Executive, including without limitation claims under that certain Employment Agreement dated and effective as of April 20, 2004 made by and between Company and Executive (the “Employment Agreement,” capitalized terms used herein but not defined herein having the meanings given in the Employment Agreement), as the result of the termination of Executive’s employment by the Company, the Company shall pay Executive twelve (12) months pay, $375,000. Company agrees that Executive shall be paid this separation amount in one lump sum on the Separation Date, subject to Sections 8 and 9 and with all other than set out in subsection .02;terms of this Agreement. (b) In addition to the amount provided in Section 2(a), if he/she is laid off and on any date during his/her layoff (i) prior to July 1, 2006 the hours scheduled Company has entered into a definitive merger or other agreement (“DA”) that would result in a “change of control” of the Company, (ii) prior to July 1, 2006 the other party to the DA (“Acquirer”) has requested in writing that Executive remain as an employee or consultant for him/her during the pre‑ vious twelve a transitional period (12) consecutive months were less than fifty percent (50%specified in such request) of normal full time hours provided he/she up to 90 days after the execution of the DA (the “Transitional Period”) on terms at least as favorable as the terms under which Executive is not eligible for any Company or Government pension or for benefits under currently employed (in being understood that Executive’s duties shall be to assist in the transition of the change of control of the Company, and that Executive may not be chief executive officer of the Company for some or all of the Transitional Period) and (iii) Executive, at Executive’s insured Weekly Indemnity option, remains an employee or Long Term Disability Plans;consultant of the Company to the end of the Transitional Period (but in no event longer than 90 days after the execution of the DA), then in addition to the amount payable under Section 2(a), the Company shall pay to the Executive as a lump sum on the Separation Date, an additional separation amount equal to three (3) months pay, or $93,750. (c) For purposes of this Agreement, the term “Separation Date” means July 1, 2006 unless Section 2(b) is applicable, 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 paywhich case, and with the con‑ ▇▇▇▇▇▇▇▇ Separation Date means the final day of the Company Transitional Period or such earlier date on which Executive’s employment terminates. If Section 2(b) is applicable and Executive’s employment ends prior to 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 last day 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 thereforTransitional Period, 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) will make the direction or decree is payment required under Section 2(a) on the result Separation Date regardless of an illegal act committed by the Company or one of its rep‑ resentatives, or reason for such termination and (ii) will make the direction or decree purports to change payment required under Section 2(b) on 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 Separation Date if such termination is in receipt of income replacement benefits under the Weekly Indemnity circumstances described in clauses (i), (ii) or Long Term Disability Plans or the Workplace Safety and Insurance Act; (hiii) he/she is entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment first sentence of an ▇▇▇‑ gible employee shall be equal to: Section 7(c) (aChange of Control) 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 maximumEmployment Agreement. 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

Sources: Separation Agreement (Somera Communications Inc)

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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Collective Bargaining 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Collective Bargaining 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Collective Agreement

Separation Pay. 24.01 A regular employee shall be entitled to separation pay as set out in subsection .03 provided he/she has not On condition that Employee (a) is still employed with the Company on the close of business on July 25th, 2008, and (b) has not revoked his execution of this Agreement prior to the expiration of the applicable revocation period, in consideration for Employee’s remaining employed through July 25th, 2008, commencing upon the Termination Date the Company shall pay Employee the sum of fifty five thousand dollars ($55,000) as severance pay; provided, however, that if he/she is terminated the Company terminates Employee’s employment prior to July 25th, 2008, for a reason other than set out one involving moral turpitude on Employee’s behalf, Employee will nevertheless be entitled to receive severance pay for a period of up to six (6) months in subsection .02; accordance with the provisions of this Section. Furthermore, if Employee (bm) if he/she is laid off is, at all relevant times, pursuing new employment in a Comparable Position (as hereafter defined) with reasonable diligence, but (n) remains unemployed in a Comparable Position 90 days after the Termination Date, the Employee will receive up to an additional fifty five thousand dollars ($55,000) in bi-weekly payments (as described below) until the earlier of (x) the 180th day following the Termination Date, or (y) such time as Employee finds employment in a Comparable Position. For purposes of this Agreement, the term "Comparable Position” shall mean a job with total compensation (which shall be exclusive of the value of the new employer’s benefits plans and on bonuses based upon performance standards to be attained, but inclusive of signing bonuses or bonuses based upon longevity with the new employer) during Employee’s first year of employment with such new employer of least $200,000 per year. Employee will have the obligation to report to the Company when he has secured new employment of any date during his/her layoff kind and shall advise the hours scheduled for him/her during Company at that time of the pre‑ vious twelve (12) consecutive months were less than fifty percent (50%) of normal full total compensation he will be receiving. The severance pay will be paid in bi-monthly increments as such time hours provided he/she is not eligible for any Company or Government pension or for benefits under as 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 normal payroll until such time as the con‑ ▇▇▇▇▇▇▇▇ 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 .01paid in full. It is understood that if Employee does not sign this Agreement, 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 ▇▇▇‑ gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of his/her hourly rate in effect his salary will end 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 UnitJuly 25th, 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 maximum2008. 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

Sources: Separation Agreement (Loud Technologies Inc)

Separation Pay. 24.01 A regular employee (1) The receipt of separation of pay provided under this Article is conditioned upon the separation of an Employee from the active workforce employment rolls as laid-off due to lack of work during the term of this Agreement. (2) An Employee who has one (1) year or more of service shall be entitled to paid separation pay as set out in subsection .03 provided he/she has noteach time he is terminated because of lack of work, except that such pay will not be paid when: (aA) if he/she is terminated for He accepts, before his separation becomes effective, a reason other than set out in subsection .02job at any REMINGTON ARMS COMPANY, INC’s location; (bB) if he/she He 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 Planspensioned; (cC) He resigns his employment; (D) He is scheduled off from work temporarily due to curtailment or cessation of operation caused by; i. Fire, flood, power failure, transportation difficulties, material shortages, and the like; or ii. Any emergency condition beyond the direct control of the EMPLOYER. When an Employee is “scheduled off” for such reason for a definite or indefinite temporary period, he shall not be considered as terminated for the purpose of this Article; or (E) A buyer or recipient of Remington assets offers an Employee continued employment. (3) The PLANT may elect to pay separation pay in special cases where a laid off employee appears to have little prospect lump sum or weekly installments. (4) Separation pay, if being paid in weekly installments, shall be discontinued when a former Employee is re-employed at any REMINGTON ARMS COMPANY, INC.’s plant, or is offered and refuses re-employment at the Ilion Plant. (5) The amount of recall to regular work within a period of six months he/she may request immedi‑ ate termination and an Employee’s separation pay, and with subject to the con‑ ▇▇▇▇▇▇▇▇ foregoing provisions in this Article, shall be: (A) One (1) week’s pay for each of the Company and the Union this may be granted notwithstanding the eligibility clause in first four (b4) above;years of service, plus, (dB) if he/she is ultimately designated One (1) week’s pay for indefinite lay off as a result each year of a major technological change as provided in Section .02 service over four (4) reduced by the amount 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 monthpreviously paid at any REMINGTON ARMS COMPANY, INC’s period. 24.02 Notwithstanding subsection .01location for service after December 1, an employee 1993 over four (4) years. However, this reduction shall be excluded reduced in monthly increments to zero over a forty-eight (48) month period of re-employment from separation pay eligibility if: (a) he/she quits; (b) he/she is terminated last termination for just cause; (c) he/she is terminated under Section 6.07 lack of this Col‑ lective Agreement; (d) he/she has been terminated because work. A fractional part of specific direc‑ tion or decree from any Government authority which has the effect a year, after his first year 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‑ resentativesservice, 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 ▇▇▇‑ gible employee shall be equal to: computed at the rate of one-twelfth (a1/12) two of one (21) week’s base earnings pay for each month of service. In such computation, if, in addition to full months of service an Employee has accrued fifteen (computed 15) or more days on the basis of his/her hourly date he is terminated, he shall be credited with a full month. For separation pay purposes, a week’s pay shall be the Employee’s current “straight-time” rate in effect as of time of layoff) per hour multiplied by the number of his/her completed years hours, not to exceed forty (40) hours, constituting his normal weekly hours 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 work at the time he/ she first becomes eligible therefore shall have his/ her of his termination. (C) Any other provisions of the Article to the contrary notwithstanding, separation pay under this part shall never exceed twenty (b20) calculated as Eight Hundred Dollars weeks. ($800.006) multiplied by his/ her completed years An employee who has received separation pay shall not be required to return any portion of seniority such pay to the PLANT in the event he is reemployed. (7) Separation pay shall be in addition to any vacation allowance and any employment compensation benefits to which the Employee may be entitled. (8) Nothing contained in the Article shall be deemed to qualify, limit or alter in any way the PLANT’s rights to reduce hours of work to avoid terminations because of lack of work. (9) Wherever the term “service” is used in (a) above to a maximum this Article, it shall mean the total length of 15 years. If there is a permanent closure of a brewery (or complete retail and/or distribution operations of Brewers Retail) time an Employee has been actively employed by the 15 year maximum is replaced with a 22 year maximumPLANT. 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

Sources: Collective Bargaining Agreement (Remington Arms Co Inc/)

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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Collective 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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Separation Agreement (Altus Pharmaceuticals Inc.)

Separation Pay. 24.01 A regular employee shall (a) In consideration for the release and covenants by Executive set forth in this Agreement, Atmos agrees to pay to Executive in a lump sum in cash $2,131,098.00, minus required tax withholdings, which consists of the following amounts: (i) the sum of $1,089,408.00, constituting the present value of the payment Executive otherwise would be entitled to separation pay receive when he reached age 55 under the terms of the SERP. Executive understands and agrees that this payment constitutes a complete discharge of Atmos’ obligations to Executive under the SERP and that Executive shall have no further rights to any benefits under the SERP, but shall remain subject to the obligations set forth in paragraph 10 of the Participation Agreement 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 .02more fully discussed below; (bii) if he/she is laid off the sum of $342,851.00, in payment of the after-tax additional penalty tax imposed by Section 409A of the Internal Revenue Code of 1986, as amended, by reason of the acceleration of the payment of Executive’s benefits under the SERP; (iii) the sum of $375,289.00, constituting one-year’s base salary of Executive; (iv) the sum of $125,750.00, constituting payment of the portion of Executive’s award under the Atmos Annual Incentive Plan for Management (the “MIP”) for 2008 which was payable in restricted stock and on any date during his/her layoff forfeited in accordance with the hours scheduled terms of the MIP; and (v) the sum of $197,800.00, constituting payment of Executive’s award under the MIP for him/her during the pre‑ vious twelve (12) consecutive months were less than 2009, fifty percent (50%) of normal full time hours which is payable in restricted stock and forfeitable in accordance with the terms of the MIP. All payments provided he/she is for in this Section 3(a) shall be referred to as the “Separation Pay.” Executive understands and agrees that he would not eligible for any Company otherwise be entitled to the amounts set forth in Subsections 3(a)(ii)-(v) and would not be entitled to a SERP payment as referred to in Subsection 3(a)(i) until he reached age 55. (b) The Separation Pay shall be paid no later than December 31, 2009, by wire transfer of immediately available funds to an account or Government pension accounts designated by Executive, or for benefits under the Company’s insured Weekly Indemnity in such other manner as Executive may accept or Long Term Disability Plans;reasonably request. (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 The Separation Pay is expressly conditioned on Executive’s compliance with the con‑ ▇▇▇▇▇▇▇▇ terms of this Agreement, including the provisions of Section 6 regarding non-solicitation of customers and employees. Further, the rights, obligations and liabilities of Atmos with respect to payment of the Company Separation Pay are conditioned and dependent on Executive’s continued compliance with the Union this may be granted notwithstanding the eligibility clause obligations set forth 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 Paragraph 10 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 Participation Agreement 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 6 of this Col‑ lective Agreement; (d) he/she has been terminated because Agreement regarding non-solicitation 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 customers 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 Planemployees. 24.03 The amount of the separation payment of an ▇▇▇‑ 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

Sources: Separation Agreement (Atmos Energy Corp)

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‑ ▇▇▇▇▇▇▇▇ 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 ▇▇▇‑ 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

Sources: Collective Agreement

Separation Pay. 24.01 A regular employee who has completed one (1) year of continuous employment and whose employment is terminated due to lack of work shall be entitled to separation pay eligibility as set out in subsection .03 provided he/she has not(A). (aA) 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‑ ▇▇▇▇▇▇▇▇ 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 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 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 The direction or decree is the result of an illegal act committed by the Company or one of its rep‑ resentativesrepresentatives, or (ii) the The direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (ed) 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; (fe) 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; (gf) 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; (hg) he/she He is entitled to receive any pension under the Company or Government Pension Plan; (h) for reasons caused by strike, lockout, slowdown or picketing. 24.03 (B) The amount of the separation payment of an ▇▇▇‑ 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 the 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 21, 1988, an An additional Four Seven Hundred and Fifty Dollars ($400.00750.00) 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 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 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 (C) If an employee applies for and accepts a separation payment hereunderhere under, his/her his employment is terminated and his/her his seniority and other rights under the Collective Bar‑ gaining Agreement are cancelledcanceled.

Appears in 1 contract

Sources: Collective Agreement